Article 149.1.20 of the Constitution attributes to the State exclusive jurisdiction over merchant marine, a matter whose content is delimited by Article 6 of Law 27/1992, of 24 November, of Ports of the State and of the Marine Merchant, which provides, in paragraphs (c), (d), and (g) of paragraph 1, that the safety of navigation and human life at sea, maritime safety and the technical and operational inspection of ships, crews are considered to be marine and goods.

In the European Union, the common criteria for the harmonisation of inspection procedures for merchant ships entering Community ports (the technically known port State control) have been until now by Council Directive 95 /21/EC of 19 June on the control of ships by the port State and a series of subsequent Directives (98 /25/EC of the Council of 27 April and 2001 /106/EC of the European Parliament and of the European Parliament) European and Council, inter alia) which have introduced specific amendments to it.

These Community rules were incorporated into the Spanish legal order by successive Royal Decrees, the last of which is Royal Decree 91/2003 of 24 January, approving the Regulation by which it is regulate inspections of foreign vessels in Spanish ports.

Well, Directive 2009 /16/EC of the European Parliament and of the Council of 23 April on the control of ships by the port State, whose transposition is verified by this Royal Decree, carries the the introduction of a new system, since it repeals the current Council Directive 95 /21/EC of 19 June on the control of ships by the port State and introduces new features of great quality, which represent a qualitative change in the What concerns the criteria and the performance of these types of inspections.

The port state's ship control system should aim to ensure that all ships calling at EU ports are inspected; now, inspections should be more frequent as a result of the higher profile. the ships are present at high risk.

In addition, it is intended to ensure that the various Member States contribute in an equitable way to the Community objective of an inspection system which attempts to be exhaustive, i.e. the volume of inspections is shared by the Member States. equitable mode between Member States.

On the other hand, it is considered necessary to deepen the harmonization of the criteria for the immobilization of ships and, in general, of the rules and procedures of inspection, in such a way that they are applied in a homogeneous way all ports are avoided so ships choose certain ports, in order to avoid rigorous control by the maritime authorities.

finally, it is intended to tighten the criteria for refusal of access to Community ports for ships which constitute a manifest risk for maritime safety and for the integrity of the marine environment, which may be definitive the fact that the ship will not apply the appropriate correct measures after successive refusals of temporary access.

This Royal Decree incorporates into Spanish law Directive 2009 /16/EC of the European Parliament and of the Council of 23 April on the control of ships by the port State and repeals the Royal Decree 91/2003, dated January 24.

In its virtue, on the proposal of the Minister of Development, heard by the Council of State and after deliberation of the Council of Ministers at its meeting of 23 December 2010,

DISPONGO:

Single item. Approval of the Regulation governing the inspections of foreign vessels in Spanish ports.

The Regulation governing the inspections of foreign vessels in Spanish ports is approved, in the terms that are inserted in the Annex to this Royal Decree.

Additional disposition first. Update of Annex XII.

The Director General of the Merchant Navy will regularly update the format of the card referred to in Article 23 (4) in relation to Annex XII to the Regulation approved by this Royal Decree, adding the new data that is mandatory and amending or deleting those that lose that condition, in accordance with the applicable rules.

Additional provision second. Cooperation of external health services.

The Inspector of the Port State will be able to obtain the cooperation of the health services if the inspected vessel does not meet the appropriate sanitary and sanitary conditions of the persons to on board.

Single repeal provision. Regulatory repeal.

Royal Decree 91/2003, of 24 January, is hereby repealed, approving the Regulation governing the inspections of foreign vessels in Spanish ports.

Final disposition first. Competence title.

This royal decree is dictated by the exclusive competence conferred on the State by Article 149.1.20. of the Constitution on the merchant marine.

Final disposition second. Incorporation of European Union law.

This royal decree incorporates into Spanish law Directive 2009 /16/EC of the European Parliament and of the Council of 23 April on the control of ships by the port State.

Final disposition third. Regulatory enablement.

The Minister of Public Works is authorised to make the necessary provisions for the development and application of the Regulation approving this Royal Decree. In particular, it is authorised to permanently update the training contents of the inspectors in relation to changes in the port State control system applied in the European Union.

Final disposition fourth. Entry into force.

This Royal Decree will enter into force on January 1, 2011.

Given in Madrid, 23 December 2010.

JOHN CARLOS R.

The Minister of Development,

JOSE BLANCO LOPEZ

ANNEX

Regulation governing inspections of foreign vessels in Spanish ports.

Article 1. Object.

This regulation aims to regulate inspections of foreign vessels in waters where Spain exercises sovereignty, sovereign rights or jurisdiction in order to significantly reduce the number of ships that fail to comply. the rules by applying the following measures:

(a) the requirement for rigorous compliance with international and Community regulations on maritime safety, maritime security, protection of the marine environment and living and working conditions on board vessels of any flag.

(b) the establishment of common criteria for the control of ships and the harmonisation of procedures for their inspection and detention, taking advantage of the knowledge and experience acquired under the Memorandum of Understanding. Paris agreement.

(c) the implementation of a ship control system, based on inspections carried out in the European Union and in the region of the Paris Memorandum of Understanding, in which all vessels are inspected at a frequency and detail according to your risk profile.

Article 2. Definitions.

1. "Conventions": those listed below, together with their protocols and amendments, and the corresponding mandatory codes, in their current version:

(a) the International Convention on Load Lines, 1966 (LL 1966).

(b) the International Convention for the Safety of Life at Sea, 1974 (SOLAS 74).

(c) the International Convention for the Prevention of Pollution from Ships, 1973 and the Protocol of 1978 to that Convention (Marpol 73/78).

(d) the International Convention on Standards of Training, Titulation and Guard for the People of the Sea, 1978 (STCW 78/95).

e) the Convention on the International Regulations to Prevent Approaches, 1972 (Corleg 72).

(f) the International Convention on Tonnage Tonnage, 1969 (Arqueo 1969).

g) the Convention on the Minimum Standards of Merchant Shipping, 1976 (ILO No. 147).

(h) the International Convention on Civil Liability for Oil Pollution Damage, 1992 (CLC 1992).

2. "Paris MOU": the Paris Memorandum for the Control of Ships by the Port State, signed in Paris on 26 January 1982, in its current version.

3. "Framework and procedures for the voluntary audit plan of the IMO Member States": IMO Assembly Resolution A. 974 (24).

4. 'Paris MA region' means the geographical area in which the signatories of the Paris MOU carry out inspections in the context of the Paris MOU.

5. 'ship' means a vessel intended for maritime navigation to which one of the Conventions applies and which flies the flag other than the Spanish flag.

6. 'ship/port interface' means the interactions that occur when a ship is directly and immediately affected by activities involving the movement of persons or goods or the provision of port services to or from the ship.

7. 'anchorage vessel' means a vessel in port or in port waters, but not berthed, during a ship/port interface.

8. 'inspector' means a person at the service of the public administration or any other person, duly authorised by the Ministry of Public Works to carry out the port's State control inspections, and in charge of the port. Department.

9. 'competent authority' means the Ministry of Public Works through the Directorate-General of the Merchant Navy and the Maritime Capitanies.

10. "night time": the average time between seven in the afternoon and seven in the morning.

11. 'initial inspection' means a visit on board the vessel carried out by an inspector in order to verify that the provisions of the applicable Conventions and standards are complied with and that it includes at least the checks prescribed in Article 13 (1

.

12. 'more detailed inspection' means any thorough inspection of the ship, its equipment and crew as a whole or, if appropriate, parts thereof in the circumstances specified in Article 13 (2), including the structure and compartmentalized of the ship, equipment, crew, living and working conditions and compliance with the ship's operating procedures.

13. 'expanded inspection' means an inspection, as provided for in Article 14, comprising at least the elements listed in Annex VII. The expanded inspection may include a more detailed inspection whenever there are reasonable grounds in accordance with Article 13 (2

.

14. 'complaint' means any information or data submitted by any person or organisation having a legitimate interest in the safety of the ship, in particular an interest in the risks to the health and safety of the crew, the living conditions and work on board and the prevention of pollution.

15. 'immobilisation' means the official prohibition of a ship being made to the sea due to the verification of deficiencies which, in isolation or as a whole, determine that the ship is not in a position to sail.

16. 'notification of refusal of access' means any decision addressed to the master of a ship, the shipping company and the flag State in which they are notified that the ship's access to all ports and anchorages of the Union is refused European.

17. 'detention of an operation' means the official prohibition of a ship continuing an operation due to the verification of deficiencies which, in isolation or in combination, make the continuation of such an operation dangerous.

18. 'shipping company' means the owner of the ship or any other organisation or person, such as the ship manager or the unclothed charterer, to whom the owner has entrusted the responsibility for the operation of the vessel and which, upon assuming such responsibility; responsibility, has agreed to take over the obligations and responsibilities stipulated in the International Security Management Code (ISM Code).

19. 'recognised organisation' means a classification society or other private body carrying out statutory tasks of inspection and certification on behalf of the Administration of a flag State.

20. 'statutory certificate' means a certificate issued by a flag State or issued on its behalf in accordance with the Conventions.

21. 'classification certificate' means a document confirming compliance with Chapter II-1, Part A-1, Rule 3-1 of the SOLAS Convention 74.

22. 'inspection database' means the information system which contributes to the implementation of the port State control system within the European Union and which includes the data from the inspections carried out in the Union and in the region of MA de Paris.

Article 3. Scope of application.

1. This Regulation shall apply to any vessel calling at a port or anchorage for a ship/port interface and its crew. Inspections of vessels carried out in non-port Spanish maritime waters shall also be considered.

2. None of the provisions of this Article shall affect the rights of intervention granted to the Spanish State by the International Conventions entered into by the Spanish State.

3. In the case of vessels with a gross tonnage of less than 500 tonnes, the Ministry of Development shall apply the relevant provisions of the applicable Convention and, where there is no applicable Convention, the said Department shall take the necessary measures to ensure that such vessels do not pose a significant danger to maritime safety, health or the marine environment, serving as a guideline to that effect, Annex 1 to the Paris Memorandum of Understanding for the control of ships by the State port rector.

4. Where a vessel flying the flag of a State which is not a party to a Convention is inspected, the Ministry of Public Works shall ensure that no more favourable treatment than that granted to a vessel flying the flag of a vessel flying the flag of a vessel flying the flag of flag of a State which is a party to that Convention.

5. Fishing vessels, warships, auxiliary vessels, ships of primitive construction wood, State-owned vessels used for non-commercial purposes and the like are excluded from the scope of this Regulation. recreational craft not engaged in trade.

Article 4. Inspection bodies.

The competent authority in Spain for the inspection of ships is the Ministry of Development which will exercise it through the General Direction of the Merchant Navy and the Maritime Capitanies in its quality, the latter of Peripheral maritime administration.

Article 5. Inspection system and annual inspection commitment.

1. The Ministry of Public Works, through the Directorate General of the Merchant Navy and the Maritime Capitanies, shall carry out the inspections in accordance with the selection system described in Article 12 and with the provisions of Annex I.

2. In order to meet its annual inspection commitment, the Ministry of Public Works will carry out the following actions:

(a) Inspectorate all vessels assigned an index of priority I, as provided for in Article 12, and to scale in Spanish ports and anchorages.

(b) annually carry out a total number of inspections of vessels assigned the priority index I and II in accordance with the provisions of Article 12, equivalent to at least the quota corresponding to the number total inspections to be carried out every year in the area of the Paris MOU.

The inspection fee for Spain will be the result of dividing the number of vessels calling at Spanish ports between the number of vessels calling at ports in the other Member States of the European Union. and of the Paris MA area, taking into account that the scale of a ship in a port of a State is computed at one time, even if it makes several subsequent stopovers at other ports in that State.

3. In order to calculate the share of the total inspections to be carried out each year in the European Union and in the area of the Paris MOU referred to in paragraph 2.b) of this Article, the vessels at anchorage shall not be taken into account unless the Ministry of Encourage you to decide something else.

Article 6. Rules for compliance with the inspection commitment.

1. Although the Ministry of Public Works does not carry out the inspections required under Article 5.2 (a) of this Regulation, it shall be deemed to comply with its commitment under Article 5, if the unrealised inspections do not exceed 5% of the number The total number of high risk profile vessels with priority I or 10% of the total number of vessels other than high risk profile vessels and also with a priority I, ships all calling at Spanish ports or anchorages.

2. Without prejudice to the percentages referred to in the previous paragraph, the Ministry of Public Works shall be obliged to give priority to the inspection of vessels which, according to the information contained in the inspection database, are not frequent call on ports in the European Union.

3. By way of derogation from the percentages referred to in the first paragraph, and in relation to vessels assigned an index of priority I which call at anchorages, the Ministry of Public Works shall be obliged to give priority to the inspection of those vessels. High-risk profile vessels which, according to the information in the inspection database, are not frequent to call at ports in the European Union.

Article 7. Rules for a balanced inspection fee in the European Union.

1. In the event that the total number of ships ' scales with priority I exceeds the inspection quota allocated to the Ministry of Development, as provided for in Article 5.2 (b) of this Regulation, the said Department shall be deemed to comply with its commitment if it carries out a number of inspections of ships with priority I corresponding to at least the said inspection quota and the number of unrealised inspections does not exceed 30% of the total number of priority I vessels that have made a scale in Spanish ports and anchorages.

2. Where the total number of ships ' scales with priority I or II is less than the inspection fee assigned to the Ministry of Development, as provided for in Article 5.2 (b), the said Department shall be deemed to comply with its If the number of inspections of ships with priority I required under Article 5.2 (a) is carried out, it inspects at least 85% of the total number of priority II vessels that have been made at Spanish ports and anchorages.

Article 8. Postponement of inspections and exceptional circumstances.

1. The Ministry of Public Works may decide to postpone the inspection of a ship with priority I when one of the following circumstances is present:

(a) that the inspection may be carried out on the next scale of the vessel at another Spanish port or anchorage, provided that the vessel does not, in the meantime, scale in other ports of the European Union or the Paris MA region; and the deferral does not exceed 15 days.

(b) that the inspection may be carried out at a different port of call within the European Union or the Paris MA area within the next 15 days, provided that the State in which that port of call is situated has Prior to performing the inspection.

Where an inspection is deferred by the Ministry of Public Works in accordance with points (a) or (b) and registered in the inspection database, it shall not be counted as an unrealized inspection.

However, when the inspection of a ship with priority I is not carried out, that ship shall not be exempt from inspection at the next port of the European Union in which it scales.

2. Where the inspection of a ship with priority I is not carried out by the Ministry of Development for operational reasons, it shall not be counted as an unfulfilled inspection if one of the following exceptional circumstances occurs, provided that the non-compliance is recorded in the inspection database:

(a) That at the discretion of the Ministry of Public Works, the conduct of the inspection would have posed a risk to the safety of the inspectors, the ship, its crew or the port, or the marine environment.

b) That the ship stops at the port only in the night time. In any case, the Ministry of Public Works will take the necessary measures to ensure that ships that stop at Spanish ports systematically in night time can be inspected as appropriate.

3. Unrealised inspections of vessels at anchorages shall not be counted as unfulfilled inspections, when any of the following conditions are met:

(a) That the ship is inspected at another port or anchorage of the European Union or the area of the Paris MOU, in accordance with Annex I, within the next 15 days.

(b) the ship to call at the port only on night time, or for too short a time for the inspection to be carried out satisfactorily, and the reason why the inspection was not carried out the inspection database.

(c) That at the discretion of the Ministry of Public Works, the conduct of the inspection poses a risk to the safety of the inspectors, the ship, its crew or the port, or the marine environment and the reason why it was not carried out to be recorded in the inspection database.

Article 9. Notification of the arrival of ships.

1. The shipping company, the consignee or the master of a vessel which may be the subject of an extended inspection in accordance with Article 14 and which is headed to a Spanish port or anchorage shall notify its arrival in accordance with the provisions of Article 14. provisions set out in Annex III.

2. Where the Port Authority or the competent regional port authority receives the notification referred to in the previous paragraph and in Article 4 of Royal Decree 210/2004 of 6 February establishing a security and safety system information on maritime traffic, shall transmit such information to the competent Maritime Captaincy.

3. For all communications provided for in this Article, electronic means shall be used provided that they are authorised by the Administration.

4. The procedures and formats drawn up by the Ministry of Public Works to make the provisions of Annex III to this Regulation effective, shall comply with the applicable provisions of Royal Decree 210/2004 of 6 February establishing a security and information system on maritime traffic.

Article 10. Risk profile of the vessel.

1. For each vessel calling at a Spanish port or anchorage, a risk profile shall be assigned to it in the inspection database, which shall determine the relative priority of its inspection, the intervals between inspections and the scope of these.

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

a) Generic parameters.

Generic parameters shall be based on the type, age and flag of the vessel, the recognised organisations involved and the history of the shipping company, in accordance with Section 1 of Part I of Part I of Annex I and with the Annex II.

b) Historical parameters.

Historical parameters shall be based on the number of deficiencies and fixed assets recorded over a given period in accordance with Section 2 of Part I of Annex I and Annex II.

Article 11. Frequency of inspections.

Ships calling at ports or anchorages located in the European Union shall be subject to periodic inspections or additional inspections, in accordance with the following rules:

(a) Regular inspections: vessels shall be subject to periodic inspections by the Ministry of Development at predetermined intervals depending on the risk profile of the vessels in accordance with Part 1 of Annex I. The interval between periodic inspections will increase as the risk decreases. For high risk vessels this range shall not exceed six months.

(b) Additional inspections: shall be carried out regardless of the time since the last periodic inspection by the Ministry of Public Works, who shall ensure that the vessels to which the vessels are applied are inspected. priority factors listed in Section 2 A of Part II of Annex I and shall decide, on the basis of technical criteria, whether or not the vessels to which the unforeseen factors listed in Annex I, Part II, Section 2 are applied have to be inspected; B.

Article 12. Selection of vessels for inspection.

The Ministry of Development shall select the vessels to be inspected on the basis of their risk profile, as described in Part I of Annex I, and when priority or unforeseen factors arise in accordance with Annex I, Part II, Sections 2 A and 2 B.

To this end, it shall select the vessels that have to undergo a mandatory inspection, referred to as "priority I vessels", in accordance with the selection system described in Section 3 A of Part II of Annex I and, In addition, it may select other vessels which may be inspected, referred to as 'priority II vessels', in accordance with the selection system described in Section 3 B.

Part II of Annex I.

Article 13. Initial inspections and more detailed inspections.

Ships that are selected for an inspection in accordance with Article 12 shall be subject to an initial inspection or, where appropriate, a more detailed inspection.

1. The initial inspection of a vessel shall have the following minimum content:

(a) Checking the certificates and documents listed in Annex IV that the European Union's maritime legislation and the Conventions on the safety and prevention of marine pollution require to be carried on board.

(b) Verification, where appropriate, of whether the outstanding deficiencies identified in the previous inspection by a Member State of the European Union or a signatory State of the Paris MOU have been rectified.

(c) Check that the general conditions and hygiene conditions of the ship, including its accommodation spaces and the engine chamber, are satisfactory.

When, as a result of the initial inspection, the deficiencies to be remedied at the next port on which the vessel calls, the Maritime Administration with competence, have been recorded in the inspection database. the port may decide not to carry out the checks referred to in points (a) and (c) above.

2. Where, after the initial inspection, there are reasonable grounds for estimating that the conditions of the vessel or its equipment or crew substantially breach the applicable requirements of a Convention, a more detailed inspection shall be carried out. which shall include verification of compliance with the operational requirements on board.

There are reasonable grounds when the inspector finds evidence, which according to his or her professional judgement, justifies that the ship, its equipment or its crew must undergo a more detailed inspection.

The indicative list of sound grounds is set out in Annex V.

Article 14. Expanded inspections.

1. The following categories of vessels may be subject to an extended inspection in accordance with Sections 3 A and 3 B of Part II of Annex I:

(a) ships with a high risk profile,

(b) passenger ships, oil tankers, chemical tankers, gas carriers and bulk carriers, over 12 years of age,

(c) ships having a high risk profile or passenger ships, oil tankers, chemical tankers, gas carriers and bulk carriers over 12 years of age, in the event of priority or unforeseen factors being taken.

(d) ships subject to new inspection following a notification of refusal of access, issued in accordance with Article 16.

2. The vessel or master of a vessel which is to be subject to an extended inspection shall reserve sufficient time in the planning of operations to enable it to be carried out.

Without prejudice to the control measures necessary to ensure maritime security, the ship shall remain in port until the inspection has been completed.

3. Where it receives prior notification of a vessel which may be subject to a periodic extended inspection, the Ministry of Public Works shall, if it decides not to carry out such an inspection, communicate it to the master of that vessel.

4. The scope of the extended inspection, including the risk areas to be covered, is set out in Annex VII.

Article 15. Guidelines and procedures for safety and maritime security.

1. The inspectors shall follow the procedures and guidelines specified in Annex VI.

2. The Ministry of Public Works shall apply the relevant procedures set out in Annex VI to this Regulation to all vessels referred to in Article 3 of Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March call on their ports or anchorages unless they fly the Spanish flag.

3. The provisions of Article 14 relating to extended inspections shall apply to ro-ro ferries and high-speed passenger craft, as defined in Article 2 (a) and (b) of Royal Decree 1907/2000, of 24 September 2000. November, for which the Regulation of compulsory recognitions is adopted to ensure the safety of the navigation of certain passenger ships.

4. Where a vessel has been recognised in accordance with Articles 6 and 8 of Royal Decree 1907/2000 of 24 November 2000, by a host State other than that of the flag of the vessel, that specific recognition shall be entered in the database. for inspections, either as a more detailed inspection or as an expanded inspection and shall be taken into account for the purposes of Articles 10, 11 and 12 of this Regulation, as well as for the calculation of compliance with the inspection commitment of the Ministry of Public Works in so far as the elements referred to in Annex VII to this Regulation are contemplated.

5. Without prejudice to the prohibition of the navigation of a ro-ro ferry or a high-speed passenger craft in accordance with Article 9 of Royal Decree 1907/2000 of 24 November 2000, the provisions of this Regulation shall also apply. Regulation on the rectification of deficiencies, the detention and refusal of access and the monitoring of inspections, detention and refusal of access resulting from such an event.

Article 16. Measures for refusal of access to certain vessels.

1. The Maritime Capitanies, except in the cases provided for in Article 22. 5 shall refuse access to ports and anchorages to the following vessels:

(a) Those who fly the flag of a State whose index of detention places it on the black list drawn up in accordance with the Paris MOU on the basis of the information recorded in the inspection database; and published annually by the Commission and have been frozen or prohibited from shipping in accordance with Royal Decree 1907/2000, 24 November, on more than two occasions during the preceding 36 months from a port or anchorage of a Member State of the European Union or a State party to the Paris MOU.

(b) Those flying the flag of a Member State whose rate of detention is on the grey list drawn up in accordance with the Paris MOU on the basis of the information recorded in the database inspections, and published annually by the Commission, and have been frozen or prohibited from shipping in accordance with Royal Decree 1907/2000, 24 November, on more than two occasions in the course of the preceding 24 months from a port or anchorage of a State of the European Union or a State party to the Paris MOU.

The refusal of access measure shall apply from the moment the ship leaves the port or anchorage where it has been fixed for the third time and where a notification of refusal of access has been made.

2. The measure referred to in the preceding paragraph may be lifted only after three months after the date of the decision and provided that the conditions laid down in points 3 to 9 of Annex VIII are met. That period shall be extended to 12 months if the vessel has been subject to a second refusal of access.

3. Any subsequent immobilisation agreed at a port or anchorage shall result in the refusal of access to any port and anchorage located in the European Union. This third refusal of access may only be lifted after a period of 24 months and provided that the following requirements are met:

(a) that the vessel is flying the flag of a State whose detention rate is not in accordance with the black list or the grey list referred to in paragraph 1.

(b) that the statutory certificate and the certificate of classification of the vessel have been issued by one or more recognised organisations under Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009, on common rules and standards for ship inspection and survey organizations.

(c) The ship is operated by a shipping company with a high degree of compliance as set out in Section 1 of Part I of Annex I.

(d) The conditions of points 3 to 9 of Annex VIII are met.

The refusal of access to the ports or anchorages located in the European Union will be final for ships that do not comply, after a period of 24 months after the prohibition, the criteria set out in the present paragraph.

4. Any subsequent immobilisation agreed upon at a European Union port or anchorage after the third refusal of access shall have the effect of permanent refusal of access of the vessel to any Community port or anchorage.

5. For the purposes of this Article, the Ministry of Public Works shall comply with the procedures set out in Annex VIII.

Article 17. Delivery to the master of the inspection report.

1. The inspector shall draw up an inspection report in accordance with Annex IX and shall submit a copy of the inspection report to the master of the vessel, after the inspection has been completed, with the exception of the following paragraph 2.

2. If in the course of the inspection activities the inspector has detected deficiencies which, at his discretion, justify the retention of the ship or the arrest of the operation, must put it in the knowledge of the Marine Captain who, to assume the criterion the inspector shall agree to the detention of the vessel or the detention of the operation, as provided for in Article 19.2.

The inspector shall provide the master of the ship with the inspection report, accompanied, where appropriate, by the said agreement. The inspection is completed with such delivery.

Article 18. Complaints.

1. When the Ministry of Public Works receives a complaint, it shall carry out the necessary preliminary actions and during the time necessary to elucidate whether the same is or not founded.

If yes, you will take the measures you consider coming, giving a hearing to any person or entity affected by the complaint.

If you consider the complaint to be unfounded, you will inform the complainant, as well as the reasons why you have reached that conclusion.

2. The identity of the complainant shall not be disclosed in any case to the master or the owner of the vessel. The inspector shall ensure the confidentiality of any interrogation that is made to the crew members.

3. The Ministry of Public Works shall notify the Administration of the flag State of complaints that are not notoriously unfounded and the follow-up measures adopted, sending a copy to the International Labour Organization (ILO) if appropriate.

Article 19. Rectification of deficiencies and immobilization.

1. They shall be rectified in accordance with the Conventions and to the satisfaction of the maritime captaincy as many deficiencies confirm or manifest the inspection.

2. Where the deficiencies are clearly dangerous for maritime safety, health or the marine environment, the maritime master shall either immobilize the vessel or stop the operation in the course of which the deficiencies have been observed. deficiencies. The detention or detention of the operation shall not be lifted until the danger is removed, or until such authority decides that, under certain conditions, the vessel may be taken to sea or resume the operation without risk. for maritime safety and the health of passengers and crew and other vessels, and without this being a serious threat to the integrity of the marine environment.

3. In order to form a professional opinion on whether or not a vessel is to be fixed, the inspector shall apply the criteria set out in Annex X.

4. If the inspection reveals that a ship is not equipped with a data recorder of the voyage in correct operation, when the use of said registrar is mandatory according to the provisions of Royal Decree 210/2004, the maritime captaincy competent shall proceed to immobilization.

If such a deficiency cannot be rectified immediately in the port in which the vessel was grounded, the maritime captaincy may well authorise the vessel to go to the nearest yard where the vessel can be rectified. (i) a deficiency or request that the deficiency be rectified within the maximum period of 30 days, as provided for in the Paris MOU guidelines. To this end, the procedures laid down in Article 22 of this Regulation shall apply.

5. In exceptional circumstances, where the general condition of a vessel is in breach of the requirements of the implementing rules, the maritime captaincy may suspend the inspection of that vessel until the responsible persons have taken the necessary measures. measures necessary to ensure that the ship complies with the relevant requirements of the Conventions.

6. When the immobilisation of a ship is agreed, the competent Maritime Captain shall immediately inform, in writing and including the inspection report, the Administration of the flag State or, where this is not possible, the consul or his defect, to the nearest diplomatic representation of that State of all circumstances for which it was deemed necessary to intervene. The designated inspectors or recognised organisations responsible for issuing classification certificates or regulatory certificates in accordance with the Conventions shall also be informed where appropriate.

7. The provisions of this Regulation shall be without prejudice to other requirements contained in the Conventions on the notification and information procedures relating to port State control.

8. Where the competent authority has to carry out any action as provided for in this Regulation, it shall, as far as possible, avoid that the vessels are unduly frozen or delayed.

In the event of immobilization or undue delay, the owner or the vessel shall be entitled to be compensated for the losses or losses suffered, provided that the determining requirements of the liability are met. assets of the public administration, as provided for in Chapter I of Title X of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

9. In order to alleviate congestion at a port, the maritime authority may authorise the transfer of a vessel whose detention has been ordered to another place of the same port if this can be done without endangering maritime safety. However, the risk of congestion of a port cannot be used as an argument when deciding to freeze or lift an immobilization.

The port authorities or regional port authorities will collaborate with the Maritime Captaincy to facilitate the reception of frozen vessels, and should be informed as soon as possible, when the immobilisation of a ship.

Article 20. Special procedure for summary vessel retention.

The immobilization of a ship will be carried out according to the following procedure:

(a) The maritime captain shall adopt the initiation agreement of the procedure, indicating somberly the facts and circumstances on which the measure is based, identifying the possible persons responsible and stating that is the competent authority to resolve the file.

In such an agreement, the interested party shall be given a unique hearing, giving him his right to make allegations and to propose evidence within the three-day time limit, and the retention of the vessel shall be agreed as a precautionary measure.

(b) If the maritime master agrees, on his own initiative or at the request of a party, the opening of a trial period, the test shall be conducted within a maximum period of five days.

(c) The test has been carried out and no allegations have been submitted, or if, if the claims have been submitted, the test received has not been requested, the maritime captain shall give a decision within the maximum period of two days, whereby the final retention or shall lift the precautionary measure of the retention of the ship.

Article 21. Resources.

1. The freezing order adopted by the maritime master and the prohibition of access provided for in Articles 16 and 22 shall be brought before the Director-General of the Merchant Navy. The appeal shall not suspend detention, except as provided for in Article 112.2 of Law No 30/1992 of 26 November.

2. The system of resources shall be that provided for in Chapter II of Title VII of Law 30/1992 of 26 November.

The maritime captaincy shall inform the master of the vessel of the right to appeal referred to in paragraph 1 of this Article and how to exercise it.

The notification of the act of detention shall contain the information provided for in Article 58.2 of Law 30/1992 of 26 November.

3. Where, as a result of an action brought by the vessel of a vessel or its representative, a detention or refusal of access is revoked or amended, the Directorate-General of the Merchant Navy shall carry out the necessary action to the inspection database is updated without delay and shall ensure the rectification, within 24 hours of its decision, of the published information.

Article 22. Monitoring of inspections and detention.

1. Where the deficiencies referred to in Article 19 cannot be corrected at the port of inspection, the maritime captaincy may allow the vessel to be directed, without undue delay, to the nearest available repair yard, chosen jointly by the master of the vessel and the maritime captaincy, provided that the conditions imposed in this respect by the competent authority of the flag State of the vessel are met and accepted by the Spanish maritime authority. Such conditions shall ensure that the ship can sail without risk for the safety and health of passengers and crew, without risk to other vessels and without seriously jeopardising the integrity of the marine environment.

When the decision to send a ship to a repair yard is due to a failure to comply with IMO Resolution A. 744 (18), either with respect to documentation or failures and structural deficiencies of the ship, the Maritime captaincy may require that the necessary thickness measurements be taken at the port where the immobilisation took place, before allowing the vessel to exit.

2. Where the circumstances referred to in paragraph 1 are given, the sea captaincy of the port in which the inspection was carried out shall notify all the conditions of the journey to the competent authority of the State where the yard is situated. repairs, to the parties referred to in Article 19 (6), and to any other authority, if appropriate.

The competent authority of the Member State receiving the notification shall inform the body which has submitted the information of the measures taken.

3. The sea capitanies shall refuse access to the Spanish ports to the vessels referred to in paragraph 1, provided that they are done at sea without complying with the conditions imposed by any of the Member States at the port of inspection or which do not comply with the applicable requirements of the Conventions by failing to appear at the indicated yard, until the owner has satisfied the Spanish maritime authority that the vessel fully complies with the applicable requirements of the Conventions.

4. Where the vessels referred to are made to the sea without complying with the conditions imposed by the maritime captaincy, the latter shall immediately alert the competent authorities of all other Member States. Where the reference vessels are made to the sea in breach of the obligation to present themselves at the indicated yard, the competent authority of the Member State where the vessel is located shall immediately alert the competent authorities of all other vessels. Member States.

If the yard is located in a non-EU country, it will be the Member State that allowed the ship to address the yard who notifies the other Member States of the non-compliance.

Before refusing entry, the Spanish Maritime Administration may withdraw consultations with the Administration of the flag of the vessel concerned.

5. By way of derogation from paragraph 3, the maritime captaincy may allow access to a particular port in the event of force majeure, priority safety considerations, or to reduce or minimise the risk of contamination or to close the deficiencies, provided that the owner, the vessel or the master of the vessel have applied the appropriate measures, to the satisfaction of the maritime captaincy, to ensure the safe entry of the ship.

Article 23. Professional profile of the inspectors.

1. The inspections shall be carried out exclusively by inspectors who meet the qualification criteria set out in Annex XI and are authorised by the Ministry of Public Works to carry out inspections for the control of ships by the State port.

2. Exceptionally, in cases where the maritime administration does not have inspectors with the appropriate professional knowledge, the personnel assigned to it carrying out the inspection tasks may be assisted by any of the following: person with the necessary professional knowledge.

3. The Maritime Administration, the inspectors and the persons in attendance may not have any commercial interest in the ports or in the vessels in which they carry out inspections. In addition, inspectors may not be employed in non-governmental organisations issuing statutory certificates or classification certificates, or carrying out the examinations necessary for the issue of such certificates to ships.

4. Inspectors shall be carriers of a personal document in the form of an identity card issued by the Ministry of Public Works with the contents of Annex XII.

5. Inspectors shall comply with the professional qualification requirements set out in Annex XI, both prior to their qualification and subsequently, by means of the harmonised system for the training and assessment of the skills of the Inspectors shall be drawn up and implemented by the Commission in collaboration with the Member States of the European Union.

Article 24. Reports of the practicalities and port authorities.

1. Where, in the exercise of their duties, the practicalities observe deficiencies which may compromise the safe navigation of any vessel or which may create a risk of damage to the marine environment, they shall immediately inform the Directorate- General of the Merchant Navy, through the competent maritime captaincy

2. Where the port authority or the relevant organ of the autonomic administration finds that a vessel in its port has deficiencies which may affect the safety of the vessel or constitute a serious risk of damage to the vessel. marine environment, shall immediately inform the General Directorate of the Merchant Marine, through the competent maritime captaincy.

3. The information referred to in the preceding paragraphs shall be supplied in electronic form whenever possible and shall have the following minimum content:

a) Ship data (name, IMO identification number, call sign and flag).

b) Information about the ship's navigation (last port of call and port of destination).

c) Description of the failures encountered on board.

4. The Directorate-General of the Merchant Navy shall carry out the monitoring of vessels for which deficiencies have been reported and shall record the data relating to the measures which have been taken.

Article 25. Inspection database.

1. The Ministry of Public Works shall ensure that the information relating to the actual arrival time and the actual departure time of any vessel calling at Spanish ports or anchorages-together with the data-is transmitted as soon as possible. identification of the port-, to the database of inspections dependent on the Commission of the European Union through the Community system of exchange of marine information "SafeSeaNet" mentioned in article 3 (s), of the directive 2002 /59/EC. After such information has been transferred through SafeSeaNet to the inspection data base, the General Directorate of the Merchant Navy shall be exempt from the provision of the data referred to in points 1.2 and 2 (a) and (b) of Annex XV thereto. Regulation.

2. The abovementioned Steering Centre shall transmit the related inspections carried out in accordance with this Regulation to the inspection data base as soon as the inspection report is drawn up or the immobilisation is lifted. validate that information within a maximum of 72 hours for the purposes of its publication.

Article 26. Exchange of information and cooperation.

Cooperation mechanisms will be established between the General Directorate of the Merchant Navy, the port authorities, the corresponding bodies of the Autonomous Administration and any other bodies and companies involved, in order to ensure that the Directorate-General of the Merchant Navy obtains the information specified in the following paragraphs:

(a) information notified in accordance with Article 9 and Annex III.

(b) information on vessels which have not notified all the data required by this Regulation, in Royal Decree 1381/2002 of 20 December 2002 on port facilities for the reception of waste generated by the cargo ships and waste, in Royal Decree 210/2004 of 6 February establishing a system for monitoring and reporting on maritime traffic, as well as in Regulation (EC) No 725/2004, where appropriate.

(c) information on vessels which have left the sea without having complied with the provisions of Articles 7 or 10 of Royal Decree 1381/2002 of 20 December 2002 on port facilities for the reception of waste generated by the cargo ships and waste.

(d) information on vessels that have been denied access to the port or have been expelled from port for reasons of maritime security.

(e) information on deficiencies observed pursuant to Article 24.

Article 27. Reimbursement of costs.

1. In accordance with the provisions of Article 120 (13) of Law 27/1992 of 24 November 1992, of Ports of the State and of the Merchant Navy, as amended by Law 14/2000 of 29 December, of Tax, Administrative and Administrative Measures of the social order, where the inspections carried out on Spanish or foreign merchant vessels confirm or reveal deficiencies resulting from the administrative police detention of the vessel, shall be imposed as a sanction the payment of all the costs of inspection is paid. The cost of the inspection time is determined by the Order of the Minister of Public Works of 21 December 2001.

The immobilisation shall not be lifted until the costs have been paid in full or sufficient security has been provided.

2. On the basis of Article 112 of Law No 27/1992 of 24 November 1992, all costs arising from inspections resulting in the refusal of access by a vessel to a port or the detention of a vessel in port shall be borne by the Commission. owner or operator of the vessel.

Article 28. Data to be provided for the monitoring of the implementation of this Regulation.

The Directorate-General of the Merchant Navy is the body responsible for supplying the Commission with the information listed in Annex XV with the frequency indicated therein. It is also the body responsible for making public the data listed in Annex XIV concerning ships which, during the previous month, have been frozen in Spanish ports or which have been denied access to them.

Article 29. Infringements and penalties.

1. Failure to comply with this regulation may result in the requirement for administrative responsibilities in accordance with the provisions of Chapter III of Title IV of Law 27/92 of 24 November, of Ports of the State and of the Navy Merchant and Law 33/2010, of 5 August, amending Law 48/2003, of November 26.

2. Once the sanctioning procedure has been initiated, the competent authority shall immediately take a decision on the need to take the provisional measure of immobilisation of the vessel in order to ensure the effectiveness of the decision which may be taken, until such time as sufficient guarantees or guarantees are provided for the judgment of that body in accordance with Article 15 of the Rules of Procedure for the exercise of sanctioning power, approved by Royal Decree 1398/1993 of 4 August 1993, in respect of Article 4 of Annex II to Royal Decree 1772/1994 of 5 August 1994 adapting to the certain administrative procedures in the field of transport and roads to Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

The immobilization shall not be lifted until the penalty has been satisfied or sufficient security has been provided.

ANNEX I

Elements of the Community port State inspection system (referred to in Article 5)

The Community port State inspection system shall comprise the following elements:

I. Risk profile of the vessel.

The ship's risk profile is determined by a combination of the following generic and historical parameters:

1. Generic parameters.

a) Type of ship.

Passenger ships, oil tankers or chemical tankers, gas carriers and bulk carriers are considered to be most at risk.

b) Age of vessel.

Ships with more than 12 years of age are considered to be at greatest risk.

c) The flag state history.

i) It is considered that ships flying the flag of a State with a high rate of detention in the European Union and the Paris MA area are considered to be at greater risk.

(ii) Ships flying the flag of a State with a low rate of detention in the European Union and the Paris MA area are considered to be at a lower risk.

(iii) Ships flying the flag of a State where an audit has been completed and, where appropriate, a plan of remedial measures in accordance with the framework and procedures for the purpose of the audit are considered to be of less risk. voluntary plan of audits of the IMO Member States As soon as the measures referred to in Article 10 (3) of Directive 2009 /16/EC are adopted, the flag States of such vessels shall demonstrate that comply with the Code for the implementation of the IMO's mandatory instruments.

d) Recognized organizations.

(i) Ships whose certificates have been issued by recognised organisations with low or very low returns in respect of their immobilisation rates in the European Union are considered to be at greater risk. the area of the Paris MOU.

(ii) It is considered that ships whose certificates have been issued by recognised organisations with a high performance in relation to their immobilisation rates in the European Union and the MA area of the European Union are considered to be at a lower risk. Paris.

(iii) Ships with certificates issued by organisations recognised under Regulation (EC) No 391/2009 are considered to be at a lower risk.

e) The history of the shipping company.

i) It is considered that shipping vessels with a bad or very bad history, determined by the indices of deficiencies and immobilizations of their vessels in the European Union and the Paris MOU area, are considered to be at greater risk.

(ii) Ships of companies with a high yield, determined by the indices of deficiencies and immobilizations of their vessels in the European Union and the Paris MA area, are considered to be at a lower risk.

2. Historical parameters.

i) It is considered that ships that have been frozen more than once are considered to be at greatest risk.

(ii) Ships which, during the inspections carried out during the period referred to in Annex II, have been presented with a lower number of deficiencies than the one indicated in Annex II, are considered to be at a lower risk.

(iii) Ships which have not been frozen for the period indicated in Annex II are considered to be at a lower risk.

Risk parameters shall be combined by applying a weighting reflecting the relative influence of each parameter on the overall risk of the vessel to establish the following risk profiles for ships:

-high risk,

-normal risk,

-low risk.

In the determination of these risk profiles, greater weight will be given to the parameters relating to the type of vessel, the history of the flag State, the recognised organisations and the companies.

II. Inspection of ships.

1. Periodic inspections.

Periodic inspections will be performed at predetermined intervals. Their frequency shall be determined by the risk profile of the vessel. The interval between periodic inspections of high risk vessels shall not exceed six months. The interval between periodic inspections of vessels of other risk profiles shall be increased as the risk decreases.

The General Directorate of the Merchant Navy will periodically inspect the vessels specified below:

-any ship with a high risk profile that has not been inspected in a port or anchorage of the European Union or the Paris MA region in the last six months. High-risk vessels may be inspected from the fifth month onwards,

-any ship with a normal risk profile that has not been inspected at a port or anchorage of the European Union or the Paris MA area in the last 12 months. Normal risk vessels may be inspected from the tenth month onwards,

-any vessel with a low risk profile that has not been inspected at a port or anchorage of the European Union or the Paris MA area in the last 36 months. Low-risk vessels may be inspected from the 24th month.

2. Additional inspections.

They shall be subject to inspection, irrespective of the time since the last periodic inspection, of the vessels to which the following priority factors apply. However, the professional criterion of the inspector shall be the need to carry out an additional inspection on the basis of unforeseen factors.

2A. Priority factors.

Ships to which the following priority factors apply shall be inspected regardless of the time since the last periodic inspection:

-Ships subject to suspension or withdrawal of class for safety reasons since the last inspection carried out in the European Union or the area of the Paris MOU.

-Ships subject to a report or notification by another Member State.

-Ships that cannot be identified in the inspection database.

-Ships that:

a) have been wrapped in an approach, stranded or locked up on their way to the port,

(b) have been accused of allegedly failing to comply with the provisions in force for the discharge of dangerous substances or effluents,

(c) have manoeuvred in an erratic or unsafe manner, without applying IMO-approved maritime traffic management measures or other safe navigation practices.

2B. Unforeseen factors.

Ships to which the following unforeseen factors apply may be inspected irrespective of the period since the last periodic inspection. The decision to carry out such additional inspection shall be at the discretion of the competent authority:

-Ships that have failed to comply with the applicable version of the IMO Recommendation on navigation on the entry steps to the Baltic Sea.

-Ships carrying certificates issued by an organisation which was recognised at the time, but whose recognition has been withdrawn after the last inspection carried out in the European Union or the area of the MA of Paris.

-Ships in respect of which the practice or port authorities or bodies have notified apparent anomalies which may lead to a reduction in the safety of their navigation or a threat to the environment, with pursuant to Article 24 of this Regulation.

-Ships which have failed to comply with the relevant notification requirements referred to in Article 9 of this Regulation, in Royal Decree 1381/2002, R.D. 210/2004 and, if applicable, in Regulation (EC) No 210/2004. 725/2004.

-Ships which have been the subject of a report or complaint by the master, a crew member or any person or entity with a legitimate interest in the safety aspects related to its operation, living and working conditions on board or the prevention of pollution, unless the Directorate-General of the Merchant Navy considers such reports or complaints to be manifestly unfounded.

-Ships that have been detained for more than three months.

-Ships on which outstanding deficiencies have been reported, except for those whose deficiencies were to be rectified within 14 days of their departure, and except for those deficiencies which were due be rectified prior to departure.

-Ships on which problems relating to cargo have been reported, in particular in the case of harmful and harmful loads.

-Ships which have been used with danger to persons, property or the environment.

-Ships whose risk parameters, according to information received from a reliable source differ from those declared, and whose level of risk is therefore higher.

3. Selection system.

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

a) expanded inspections of:

-any vessel with a high risk profile that has not been inspected in the last six months,

-all passenger, oil, chemical, gas and bulk carriers over 12 years of age who have a normal risk profile and have not been inspected in the last 12 months;

b) an initial inspection or, if applicable, a more detailed inspection of:

-any ship other than a passenger, oil, chemical, gas and bulk carrier over 12 years of age with a normal risk profile and not inspected in the last 12 months;

c) when priority factors are presented:

-a more detailed inspection or an expanded inspection, as determined by the inspector according to his/her professional judgement, shall be made of any vessel having a high risk profile and any passenger ship, oil tanker, Chemical, gas and bulk carrier over 12 years old,

-more detailed inspections shall be carried out on all other non-passenger ships, oil tankers, chemical tankers, gas carriers and bulk carriers over 12 years of age.

3B. Where the competent authority decides to inspect a ship with priority II, the following provisions shall apply:

a) an expanded inspection of:

-any ship that has a high risk profile and has not been inspected in the last five months,

-all passenger, oil, chemical, gas and bulk carriers over 12 years of age who have a normal risk profile and have not been inspected in the last ten months, and

-all passenger, oil, chemical, gas and bulk carriers over 12 years of age who have a low risk profile and have not been inspected in the last 24 months;

b) an initial inspection or a more detailed inspection, as appropriate, of:

-any ship other than a passenger, oil, chemical, gas and bulk carrier of more than 12 years with a normal risk profile and which has not been inspected in the last 10 months, or

-any ship other than a passenger, oil, chemical, gas, and bulk carrier over 12 years of age with a low risk profile that has not been inspected in the last 24 months;

c) when unforeseen factors are present:

-a more detailed inspection or an expanded inspection, as decided by the inspector according to his professional judgement, of any vessel with a high risk profile and any passenger ship, as determined by the inspector, Chemical, gas and bulk carrier over 12 years old,

-more detailed inspections shall be carried out on all other non-passenger ships, oil tankers, chemical tankers, gas carriers and bulk carriers over 12 years of age.

ANNEX II

Determination of the risk profile of the vessel (referred to in Article 10 (2))

				Profile
						Normal risk buque (BRN)	Low risk buque (BRB)
Generic Parameters				Criteria	Points weight	Criteria	Criteria
	1	Ship Type			Quimicero Gasero Oil tanker Granelero Passage	2	Risk buque neither high nor low	All types
2	Ship age			all types > 12 years	1	All ages
3a	Pabe- lon	NGB List		Black-RMA, RA, RM to RA	2	White
				Black-RM	1
		IMO Audit		-	-
4a	Organization recognized	History	A	-	-	High
			M	-	-
				B				-
				MB				-
		4b	EU Recognized		-	-		Yes
5	Naviera	History			-	High
			M	-	-	B
					2
	Very low	-
parameters
6	Number of deficiencies recorded for each inspection in the previous 36 months		Defi sciences	Unsusceptible to inspection	-	< 5 (and at least one inspection performed in the 36 months before-riors)
7	Number of immobili-zations in the previous 36 months		Inmo-vilza-	2 inmobilizations	1	No quiesce

The ARs are the ships that meet criteria up to a total value of 5 or more weight points. BRB are the ships that meet all the criteria of the low risk parameters.

BRN are the ships that are neither BRA nor BRB.

ANNEX III

Notification (referred to in Article 9 (1))

Information to be provided in accordance with Article 9 (1

.

The information specified below shall be submitted to the competent Port Authority or to the competent authority or to the authority or body designated for that purpose at least three days in advance of the the date of arrival at the port or before leaving the port or sea station where the journey is expected to last less than three days.

(a) ship identification (name, call flag, IMO number or MMSI number);

b) expected duration of the scale;

c) in the case of tank vessels:

i) configuration: single hull, single hull with separate ballast tanks, double hull,

(ii) conditions of the loading and ballast tanks: full, empty, inert,

iii) volume and nature of the load;

(d) planned operations at the destination seaport or sea station (load, unload, other);

(e) required mandatory surveys and inspections and important maintenance and repair work to be carried out during the stay at the port of destination;

f) date of the last expanded inspection in the Paris MA area.

ANNEX IV

List of certificates and documents (referred to in Article 13 (1))

1. International tonnage certificate (1969).

2. Safety certificate for passenger ship.

-Construction security certificate for cargo ship.

-Certificate of equipment security for cargo ship.

-Radio security certificate for cargo ship.

-Certificate of exemption, including list of charges, as applicable.

-Security certificate for cargo ship.

3. International ship protection certificate (CPIB).

4. Continuous synoptic record.

5. International certificate of fitness for the transport of liquefied gases in bulk.

-Certificate of aptitude for the transport of liquefied gases in bulk.

6. International certificate of fitness for the transport of dangerous chemicals in bulk.

-Certificate of aptitude for the transport of dangerous chemicals in bulk.

7. International certificate for the prevention of pollution by hydrocarbons.

8. International pollution prevention certificate for the transport of liquid noxious substances in bulk.

9. International certificate of freeboard (1966).

-International Francobordo exemption certificate.

10. Book record of hydrocarbons, parts I and II.

11. Book load record.

12. Minimum security crew document.

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

14. Medical certificates (see ILO Convention No. 73 on medical checks of seafarers).

15. Indicative table of the organisation of work on board (ILO Convention No 180 and STCW 78/95).

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

17. Information on stability.

18. Copy of the compliance document and the safety management certificate issued in accordance with the International Code for the Management of Ship Operational Safety and Pollution Prevention (SOLAS 74, Chapter IX).

19. Certificates with respect to the strength of the hull and the state of the machinery issued by the recognised organisation concerned (they shall only be required when the ship continues to have a classification level in a recognised organisation).

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

21. Safety certificate for high speed craft and operating permit for high speed craft.

22. Declaration or special list of dangerous goods, or detailed plan of stowage.

23. Journal of the vessel in which the tests and exercises have been recorded, including protection exercises, and the book of record of the inspection and maintenance of the devices and means of rescue and fire fighting.

24. Safety certificate for special purpose vessels.

25. Security certificate for offshore drilling mobile unit.

26. In the case of oil tankers, registration of the system of surveillance and control of the discharges of hydrocarbons from the last voyage in ballast.

27. Organic frame, fire control plan and, in the case of passenger ships, fault containment plan.

28. Emergency plan on board in case of oil pollution.

29. Report file on acknowledgments (in the case of bulk carriers or oil tankers).

30. Reports of previous port State control inspections.

31. In the case of ro-ro passenger ships, information on the A/A-max ratio.

32. Authorization document for grain transport.

33. Manual for holding the load.

34. Garbage management plan and garbage log.

35. System of support for the decision-making of the captains of passenger ships.

36. In the case of passenger ships operating on fixed routes, SAR cooperation plan.

37. List of operational limitations of passenger ships.

38. Bulk carrier.

39. In the case of bulk carriers, loading and unloading plan.

40. Certificate of insurance or any other financial guarantee in respect of civil liability for damages due to oil pollution (International Convention on Civil Liability for Damage Due to Pollution by Hydrocarbons, 1992).

41. Certificate as prescribed by Directive 2009 /20/EC of the European Parliament and of the Council of 23 April 2009 on the insurance of ship owners for claims under maritime law.

42. Certificate prescribed by Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of an accident.

43. International certificate for the prevention of air pollution.

44. International certificate of reduction of pollution by waste water.

ANNEX V

Examples of "sound grounds" (referred to in Article 13 (2))

A. Examples of "substantiated reasons" for a more detailed inspection:

1) Ships referred to in Annex I, Part II, Sections 2 A and 2 B.

2) The hydrocarbon record book has not been properly carried.

3) Inaccuracy has been observed during the examination of certificates and other documentation.

4) There are indications that crew members are unable to comply with the requirements for on-board communication as set out 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 in the maritime professions.

5) A title has been fraudulently obtained or the holder of a title is not the person to whom it was originally issued.

6) The ship has a captain, officer or sailor in possession of a title issued by a country that has not ratified STCW 78/95.

7) There is evidence that cargo and other operations are not carried out safely or in accordance with IMO guidelines, for example, when the oxygen content of the inert gas collector supplied to the load tanks is above the prescribed maximum level.

8) The captain of an oil tanker cannot present the registration of the monitoring and control device for hydrocarbon discharges for the last ballast trip.

9) An updated organic crew table does not exist or there are crew members who do not know their obligations in the event of fire or ship abandonment.

10) A false distress alert has been issued not followed by the appropriate cancellation procedures.

11) There are no essential equipment or devices on board that are prescribed in the Conventions.

12) Conditions on board are excessively unhealthy.

13) From the general impression or the inspector's observations, there are indications that there are serious deterioration or deficiencies in the hull or structure that may pose a risk to structural integrity, watertight integrity or integrity of the ship.

14) There is information or evidence that the captain or crew are not familiar with the essential operations on board relating to the safety of the ship or the prevention of pollution, or that such operations are not have performed.

15) Absence from a table showing the organization of work on board and records of the daily working hours or rest of the seafarers.

B. Examples of sound reasons for the control of ships as regards protection aspects.

1. During the initial inspection of the control by the competent authority, the inspector may assess the existence of substantiated grounds for the adoption of additional control measures in relation to the protection if the following conditions are met: circumstances:

1.1 the international ship protection certificate is not valid or has expired;

1.2 the ship is at a lower level of protection than the port;

1.3 ship protection practices have not been performed;

1.4 records are incomplete for the latest port-port or buque-buque; interfaces

1.5 there is evidence or it has been observed that key members of the ship's crew cannot communicate with each other;

1.6 evidence obtained by observation that reveals serious deficiencies in the protective device;

1.7 third-party information, such as a report or complaint regarding protection.

1.8 the ship carries a second international certificate of protection of the provisional vessel issued consecutively to the initial and, according to the professional criterion of the inspector, one of the objectives of the ship when requesting such certificate was to avoid full compliance with Chapter XI-2 of the SOLAS 74 Convention and Part A of the PBIB Code after the period of validity of the initial certificate has elapsed. Part A of the PBIB Code specifies the circumstances in which an interim certificate may be issued.

2. If the existence of reasonable grounds is determined, as described above, the inspector shall immediately inform the competent protection authority (unless the inspector is also a duly authorised protection officer). The competent protection authority shall then decide on the additional control measures necessary in accordance with the level of protection in accordance with Regulation 9 of Chapter XI of the SOLAS 74.

3. The determination of sound grounds other than those referred to shall correspond to the duly authorised protection officer.

ANNEX VI

Procedures for the control of ships (referred to in Article 15 (1))

Annex I, "Procedures for the supervision by the port State", of the Paris MOU along with the following instructions published by the Paris MA in its updated version:

-Instruction 33/2000/02: Operational control over ferries and passenger ships,

-Instruction 35/2002/02: Guidelines for control inspectors by the port State of the port on electronic navigation letters,

-Instruction 36/2003/08: Guidelines for the inspection of living and working conditions,

-Instruction 37/2004/02: Guidelines for Port State Control Inspectors on the STCW Convention 78/95, as amended,

-Instruction 37/2004/05: Guidelines for the inspection of working hours and rest periods,

-Instruction 37/2004/10: Guidelines for Port State Control Inspectors on Aspects of Protection,

-Instruction 38/2005/02: Guidelines for the control by the inspectors of the port State of the Data Registry of Sojourn (RDT),

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

-Instruction 38/2005/07: Guidelines for the control of the system of assessment of single hull oil (CAS) conditions.

-Instruction 39/2006/01: Guidelines for Port State Control Inspectors on the ISM Code,

-Instruction 39/2006/02: Guidelines for Port State Control Inspectors on the Control of the GMDSS,

-Instruction 39/2006/03: Introduction of enhancements to the port access and notification denial control list,

-Instruction 39/2006/10: Guidelines for Port State Control Inspectors for the examination of ballast tanks and mock cutting in the main electrical supply (test of the blackout),

-Instruction 39/2006/11: Guidelines for the control of the bulk carrier structure,

-Instruction 39/2006/12: Code of Conduct for Port State Control Inspectors,

-Instruction 40/2007/04: Criteria for assessing the responsibility of recognized organizations,

-Instruction 40/2007/09: Guidelines for Port State Control Inspectors as regards compliance with Annex VI to the Marpol 73/78 Convention.

ANNEX VII

Expanded Vessel Inspection (referred to in Article 14)

The expanded inspection refers in particular to the general conditions of the following risk zones:

-documentation,

-structural conditions,

-tightness conditions,

-emergency systems,

-radio communications,

-load operations,

-fire safety,

-alarms,

-living and working conditions,

-navigation equipment,

-salvage devices,

-dangerous goods,

-propulsion and auxiliary machinery,

-pollution prevention.

In addition, to the extent that it is materially practicable and taking into account the possible limitations imposed by the safety of persons, the ship or the port, the expanded inspection shall include the verification of specific to the risk areas according to the type of vessel inspected, as provided for in Article 14 (4).

ANNEX VIII

Provisions concerning the refusal of access to ports and anchorages located within the European Union (referred to in Article 16)

1. Where the conditions described in Article 16 (1) are met, the sea captaincy corresponding to the port on which the third immobilisation of the vessel has been issued shall notify the master in writing that a refusal order shall be issued. access with immediate effect from the moment the vessel leaves the port. Refusal of access shall apply immediately after the ship leaves the port or anchorage, after the deficiencies which led to its detention have been rectified.

2. The maritime captaincy shall also transmit a copy of the order of refusal of access to the Administration of the flag State, the recognised organisation concerned, the other Member States and parts of the Paris MOU, the European Commission, and the Secretariat of the Paris MOU and shall without delay update the inspection database with the information concerning the refusal of access.

3. In order for the refusal of access order to be lifted, the owner or vessel must officially request it from the maritime captaincy which has issued it. Such a request shall be accompanied by a document, issued by the Administration of the flag State after the visit on board an inspector duly authorised by that Administration, certifying that the vessel is in full compliance with the applicable provisions of the Conventions. The Administration of the flag State shall prove to the maritime captaincy that such a visit has actually taken place.

4. The request for the lifting of the order for refusal of access shall also be accompanied, where appropriate, by a document issued by the classification society in which the vessel is classified, following a visit on board by one of its members. inspectors, who prove that the ship is in conformity with the classification rules specified by that company. The classification society shall prove to the competent authority that such a visit has actually taken place.

5. The order for refusal of access may be lifted only after the period referred to in Article 16 of this Regulation has elapsed and after a further inspection of the verified vessel at the port on which it is agreed.

If the said port is situated in a Member State, the competent authority of the latter may authorise the vessel, at the request of the maritime authority which issued the order for refusal of access, to enter the port of reference for the new inspection to be carried out. In this case, no load operation will be performed on the port until the access denial order is lifted.

6. If the immobilisation of the order for refusal of access was caused at least in part by deficiencies in the structure of the ship, the maritime captaincy which it has issued may require certain spaces, including cargo spaces and the tanks, are made available to the inspectors to be examined in the new inspection.

7. The new inspection shall be carried out by the maritime captaincy which issued the order for refusal of access or, with the acquiescence thereof, by the competent authority of the port of destination of the vessel. The maritime captaincy may require prior notification of up to 14 days to carry out the new inspection. It shall be demonstrated to the satisfaction of the ship that the ship fully complies with the applicable requirements of the Conventions.

8. The new inspection shall consist of an expanded inspection which shall include at least the relevant aspects of Annex VII.

9. All costs of this expanded inspection shall be borne by the vessel owner or vessel.

10. If the results of the expanded inspection, carried out in accordance with Annex VII, satisfy the maritime captaincy, the order for refusal of access shall be lifted and the shipping company shall be informed in writing.

11. The maritime captaincy shall also inform in writing of its decision to the Administration of the flag State, the classification society concerned, the other Member States, the other signatories of the Paris MOU the European Commission, and the Secretary of the Paris MA. The maritime captaincy shall update the inspection database without delay with the information corresponding to the revocation of the refusal of access.

12. Information on vessels whose access to the ports of the European Union has been refused shall be available in the inspection database and shall be published in accordance with Article 26 of Directive 2002/16/EC and in the Annex. XIII of this Regulation.

ANNEX IX

Inspection Report

The inspection report will include at least the following items:

I. General information.

1. Competent authority that has prepared the report.

2. Date and place of inspection.

3. Name of vessel inspected.

4. Flag.

5. Type of vessel: (as stated in the safety management certificate).

6. IMO identification number.

7. Call flag.

8. Tonnage.

9. Dead weight (if applicable).

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

11. Classification society or societies, as well as any other organisation, where appropriate, that has (n) issued the ship's classification certificates, if any.

12. Recognised organisation or organisations, and/or any other party which has issued this vessel certified in accordance with the applicable Conventions on behalf of the flag State.

13. Name and address of the shipping company or the owner of the vessel.

14. In the case of ships carrying liquid or solid bulk cargoes, name and address of the charterer responsible for the selection of the vessel and type of chartering.

15. Final date of drafting of the inspection report.

16. Indication that detailed information regarding inspections or detention may be made public.

II. Information regarding the inspection.

1. Certificates issued pursuant to the relevant Conventions, authority or body which issued the relevant certificate or certificates, indicating the dates of issue and the date of expiry.

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

3. Port and date of the last intermediate, annual, or refresh inspection and name of the organization that made it.

4. Indication of type of inspection (inspection, detailed inspection, expanded inspection).

5. Nature of the deficiencies.

6. Measures taken.

III. Additional information in case of detention.

1. Date of the quiesce decision.

2. Date of the lifting of the quiesce.

3. Nature of the deficiencies that have justified the decision to freeze (references to the Conventions, where appropriate).

4. Indication, where appropriate, of the responsibility of the recognised organisation or of any other private body which has carried out the inspection, in respect of deficiencies which, alone or in combination with other causes, have caused the quiesce.

5. Measures taken.

ANNEX X

Criteria for the immobilization of a ship (referred to in Article 19 (3))

Introduction

Before determining whether the deficiencies discovered during an inspection justify the proposed detention of the vessel concerned, the inspector shall apply the criteria set out in points 1 and 2 below.

In point 3, examples of deficiencies that can justify the detention of the ship are included (see Article 19 (4)).

When the reason for the immobilization is the result of an accidental failure suffered by the ship while en route to port, no order of immobilization shall be given, provided that:

(a) the requirements of Regulation 1/11 (c) of the SOLAS 74 with regard to the notification to the administration of the flag State and the designated inspector of the recognised organisation have been duly complied with

responsible for the issue of the relevant certificate;

(b) before arriving in port, the master or the owner of the vessel has communicated to the Maritime Administration the details of the accident and the breakdowns suffered, and has provided them with information on the mandatory notification the administration of the flag State;

(c) the vessel has taken appropriate corrective action, to the satisfaction of the authority, and

(d) the authority, after having been informed that the corrective measures have been finalised, ensures that the clearly dangerous deficiencies for safety, health or the environment have been remedied.

1. Main criteria.

Before issuing a professional opinion on the immobilization or non-detention of a ship, the inspector shall apply the following criteria:

Deadlines:

Ships that do not meet safety conditions to be taken to the sea will be immobilized at the first inspection where the deficiencies are checked, regardless of the time they need to stay in. port.

Criteria:

The vessel will be fixed if the deficiencies are serious enough to require a further visit by the inspector, in order for the inspector to make sure that before the ship is made to the sea, they have been Subsated.

The fact that the inspector must make a new visit to the ship determines the seriousness of the deficiencies. However, it will not always be compulsory to make a new visit. The authorities shall verify in some way, preferably by means of a subsequent visit, that the deficiencies have been remedied before the ship is made to the sea.

2. Application of the main criteria.

When deciding whether the deficiencies detected on a ship are sufficiently serious to propose the immobilisation of the ship, the inspector shall assess the following elements:

1. If the ship has the documentation prescribed and in period of validity;

2. If the ship has a crew according to the determining document of the minimum safety crew.

During the inspection the inspector will examine whether the ship and crew can:

3. navigate in safe conditions during travel;

4. handling, transporting and monitoring in safe conditions the condition of the load during the journey;

5. operate in the machinery chamber under safety conditions during the journey;

6. maintain their own propulsion and direction capacity during the journey;

7. in case of need, combat fires effectively in all parts of the ship during the journey;

8. in case of need, leave the ship immediately and in safety and carry out salvage operations during the journey;

9. prevent pollution of the marine environment during travel;

10. maintain adequate stability during the journey;

11. maintain the integrity of adequate tightness during the journey;

12. in case of need, communicate in emergency situations during the journey;

13. provide adequate health and safety conditions during the journey;

14. provide all possible information in the event of an accident.

If the assessment of any of these elements is negative, taking into account all the deficiencies checked, the immobilization of the ship will be taken into consideration very seriously. The combination of minor deficiencies can also justify the immobilisation of the ship.

3. In order to assist the inspector in the use of these guidelines, a list of deficiencies is provided below, grouped according to the relevant Conventions and/or Codes, the nature of which is considered to be so serious as to justify the the detention of the vessel concerned. This list is not intended to be exhaustive.

3.1 General character.

The lack of valid certificates and documents required by the relevant instruments. However, ships flying the flag of States which are not party to a Convention or have not implemented another relevant instrument, have no right to carry the certificates established by the Convention or other relevant instrument. Consequently, the absence of the required certificates should not in itself be grounds for immobilizing such vessels; however, in application of the 'no more favourable treatment' clause, substantial compliance with the provisions will be required. before the ship is made to the sea.

3.2 Environments regulated by the SOLAS 74 Convention.

1. Failure or malfunction of propulsion and other essential machinery as well as electrical installations.

2. Insufficient cleaning of the machine chamber, excessive amount of water mixtures in the bilge, contamination by hydrocarbons from the insulation of the pipes, including the exhaust pipes of the machine chamber, malfunction of the chamber the systems for pumping the bilge.

3. Malfunction of the emergency generator, as well as lighting, batteries and switches.

4. Malfunction of the main and auxiliary government apparatus.

5. Non-existence, insufficient capacity or serious deterioration of individual rescue equipment, survival craft and start-up means.

6. Absence, lack of conformity or substantial deterioration to the extent that they do not allow the use for which the fire detection system is intended, fire alarms, fire fighting equipment, fixed system of fire, fire extinguishing, ventilation valves, automatic shut-off butterfly valves, rapid closure devices.

7. Absence, substantial deterioration or malfunction of the fire protection of the oil tanker loading area.

8. Absence, lack of conformity or severe deterioration of light, visual or acoustic signals.

9. Absence or malfunction of radio equipment for security and emergency communications.

10. Absence or malfunction of the navigation equipment taking into account the provisions of Rule V/ 16.2 of the SOLAS Convention 74.

11. Absence of corrected navigation letters and/or any other nautical publication required for the intended journey, taking into account that an approved electronic letter information and display system (SVCE) may be used as a substitute for physical letters.

12. Absence of air extraction systems that do not produce spark in the load pump chambers.

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

14. The number, composition or titration of the crew do not conform to the requirements of the safety crew document.

15. Failure to carry out the enhanced recognition programme in accordance with Chapter XI, Rule 2 of the SOLAS Convention 74.

3.3 Environments regulated by the CIQ Code.

1. Transport of substances not mentioned in the certificate of aptitude or lack of information on the load.

2. Absence of high pressure safety devices or damage to them.

3. Electrical installations that are not intrinsically safe or do not correspond to the requirements of the code.

4. Sources of ignition in hazardous locations.

5. Infringements of the special requirements.

6. Exceeding the maximum quantity of authorized load per tank.

7. Insufficient thermal protection of sensitive products.

3.4 Ambits regulated by the IGC Code.

1. Transport of substances not mentioned in the certificate of aptitude or lack of information on the load.

2. The absence of closing devices in the enclosures or service spaces.

3. Non-gas-tight bulkheads.

4. Defective ventilation closures.

5. Defective fast closing valves or absence thereof.

6. Defective safety valves or absence thereof.

7. Electrical installations that are not intrinsically safe or do not correspond to the requirements of the code.

8. Fans in the non-operational load zone.

9. Pressure alarms for non-operating load tanks.

10. Installation of gas detection and/or installation of detection of defective toxic gases.

11. Transport of substances requiring an inhibitor compound, without the corresponding certificate.

3.5 Environments regulated by LL 66.

1. Important areas with damage or corrosion, or stings on the sheets and reinforcements of the covers and the hull which affect the conditions of navigability or the resistance to withstand local loads, unless the conditions have been fulfilled appropriate temporary repairs to reach a port on which to perform permanent repairs.

2. A recognized case of insufficient stability.

3. The lack of sufficient and reliable information, in an approved format, that allows the captain, by means of quick and simple procedures, the loading and the loading of the ship in such a way that, at all times and in the different conditions of the journey, maintain a safety margin in stability, and in such a way as to avoid any unacceptable effort in the structure of the vessel.

4. Absence, substantial deterioration or defective character of the closure systems, of the closure devices of the hatches and watertight doors.

5. Overload.

6. Absence of draught marks or freeboard marks, or illegibility thereof.

3.6 Environments covered by Annex I to the Marpol 73/78 Convention.

1. Absence, severe deterioration or malfunction of the bilge water filtering equipment, the hydrocarbon discharge monitoring and control device, or the 15 ppm alarm system.

2. Insufficient remaining capacity of the wash tank or sludge tank for the projected trip.

3. Hydrocarbon log book not available.

4. Installing an unauthorized download bypass pipeline.

5. Absence of inspection or non-compliance reports of these reports with Regulation 13 G (3) (b) of the Marpol 73/78 Convention.

3.7 Ambition covered by Annex II to the Marpol 73/78 Convention.

1. Absence of a manual of procedures and means.

2. Load not grouped by categories.

3. Load record book not available.

4. Transport of para-oleous substances without the requirements being met or without a properly amended certificate.

5. Installing an unauthorized download bypass pipeline.

3.8 Environments covered by Annex V to the Marpol 73/78 Convention.

1. Absence of a garbage management plan.

2. Garbage log book not available.

3. Ship personnel are not familiar with the disposal/discharge requirements of the waste management plan.

3.9 Ambition covered by STCW 78/95 and Directive 2008 /106/EC.

1. Seafarers are not in possession of a title, they do not have the appropriate title, they do not have a valid exemption or do not have documentary evidence that they have sent the flag State Administration a request for endorsement.

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

3. Failure to comply with the applicable requirements of the administration of the flag State on the minimum safety crew.

4. The provisions concerning navigation guards or machines do not comply with the requirements specified for the ship by the administration of the flag State.

5. Absence from a guard of a competent person to handle essential equipment for the safety of navigation and radio communications and the prevention of pollution of the sea.

6. Non-accreditation of professional training for the performance of the tasks assigned to seafarers in relation to the safety of the ship and the prevention of pollution.

7. For the first guard at the beginning of the journey and for subsequent relay guards, no persons have been provided who have been sufficiently rested and are fit to perform their duties.

3.10 Environments regulated by ILO Conventions.

1. Insufficient food to travel to the next port.

2. Insufficient drinking water to travel to the next port.

3. Excessively unhealthy conditions on board.

4. Lack of heating on a ship operating in areas where temperatures may be excessively low.

5. Insufficient ventilation in the ship's accommodation.

6. Excessive amount of garbage, block by facility or load or any other hazardous conditions in the passage areas of the passengers or in the facilities intended for them.

7. Clear signs of fatigue in the guard personnel and other service personnel at the disposal of the first guard or subsequent relay guards.

3.11 Environments that do not justify a quiesce, may cause a reason to suspend, for example, load operations.

The malfunction (or defective maintenance) of the inert gas system, devices or load machinery shall be considered sufficient reason to stop the load operation.

ANNEX XI

Minimum criteria for inspectors (referred to in Article 23 (1) and (5))

1. The inspectors shall have appropriate theoretical knowledge and practical experience on the vessels and their operation. They shall also be able to apply the requirements of the Conventions and the relevant procedures of port State control. This knowledge and training in the application of international and community requirements should be acquired through accredited training programmes.

2. Inspectors shall comply with the qualification requirements set out in points (a), (b) or (c) below:

(a) To have the appropriate qualification obtained at a nautical school or at a maritime training institution, and to have completed the relevant boarding period as an officer or by performing services at stations of maritime communications located on land, or having a valid certificate of competence in accordance with the provisions of Chapter II/2 or III/2 of STCW 78/95 without limitation as regards the operational area, the power propellant or arcing.

b) Having passed an examination of a naval engineer, mechanical engineer or engineer in a field related to the maritime sector recognized by the competent authority and having worked as such for five years at least.

c) Being in possession of a university degree or equivalent qualification having received due training and certification as inspectors in ship safety.

3. It shall also be necessary for the inspector to prove the experience referred to in (a) or (b) below:

(a) Have provided a minimum of one year of service as an inspector of the Spanish Maritime Administration carrying out recognitions and issuing certificates in accordance with the Conventions or participating in the supervision of the activities of the recognised organisations in which inspection functions have been delegated.

b) Having achieved an equivalent level of competence by a year, at least, of training on the ground by participating in inspections carried out by the Spanish Maritime Administration, in its capacity as the State port, under the supervision of expert officials responsible for such inspections.

4. The inspectors referred to in point (a) of paragraph 2 shall have a maritime experience of at least five years including periods of service at sea as officers in the bridge section, in the machinery section, in the section of the radio, in which the time of service at sea radio communications stations located on land, or as inspectors of the Spanish maritime administration or as assistants in the field, may also be computed as such. control inspections by the port State. Such experience shall include a period of at least two years at sea as a bridge or machinery officer.

5. Inspectors shall be capable of verbal and written communication with crew members in the language most commonly spoken at sea.

6. Inspectors will also be accepted who do not meet the above criteria if until 23 April 2009 they were already at the service of the Spanish Maritime Administration in their capacity as port State.

To carry out the inspections referred to in art. 15, 1 and 2 of this Regulation, inspectors will have to prove sufficient, theoretical and practical experience in the area of maritime protection, as well as the necessary qualification, to include:

(a) Appropriate knowledge of maritime security and its application to the operations to be inspected;

b) Practical experience accredited in maritime security technologies and techniques;

c) Knowledge of inspection principles, procedures and techniques;

d) Practical experience of the operations to be inspected.

ANNEX XII

Requirements for the identity card of the port State control inspectors. (as referred to in Article 23 (4))

The identity card, which must include a translation into the English language, will have the following content:

1. Reference to the one issued by the General Directorate of the Merchant Navy of the Spanish Ministry of Public Works.

2. Name, last name and recent photograph of the holder.

3. Indication of being personal and non-transferable.

4. Signature of the identity card holder.

5. Declaration by which the holder is authorised to carry out the inspections referred to in Article 86.5 of Law 27/1992 of 24 November 1992, of Ports of the State and of the Merchant Navy, and in particular the control of ships by the Port State of the port, in accordance with the provisions of this Regulation.

ANNEX XIII

Functions of the inspection database (referred to in Article 24 (1) of Directive 2009 /16/EC)

1. The inspection database shall include at least the following functions:

-to include the inspection data of the Member States and all the signatories of the Paris MOU,

-provide data on the risk profile of the ship and the vessels to which an inspection is due,

-calculate the inspection commitments of each Member State,

-draw up the white list, as well as the grey and black lists of flag States, as referred to in Article 16 (1

,

-to provide data on the degree of compliance with company regulations,

-indicate points of risk zones that must be checked at each inspection.

2. The inspection database should be able to adapt to future developments and to connect with other Community databases on maritime safety, including the SafeSeaNet network, which will provide data on the effective scales. for ships in ports in the Member States and, where appropriate, with relevant national information systems.

3. The inspection database will include a hyperlink to the Equasis information system. The General Directorate of the Merchant Navy will encourage inspectors to consult public and private databases on inspections of ships accessible through the Equasis information system.

ANNEX XIV

Advertising of inspections, detention and refusal of access carried out at the ports and maritime installations of the Member States (referred to in Article 26 (1) of Directive 2009 /16/EC)

1. The information published in accordance with Article 26 (1) of the Directive shall include the following

:

a) name of vessel;

b) IMO identification number;

c) type of ship;

d) tonnage;

e) year of construction, determined on the basis of the date indicated in the ship's safety certificates;

f) name and address of the ship's company;

g) in the case of ships carrying liquid or solid bulk cargoes, name and direction of the charterer responsible for the selection of the vessel and type of chartering;

h) Flag State;

(i) certificates of classification and statutory certificates issued in accordance with the relevant international conventions, including their dates of issuance and expiration, and authorities or organizations issuing them of them;

(j) the port and date of the last intermediate or annual recognition in relation to the certificates referred to in point (i) and the indication of the authority or organisation that has made such recognition;

k) date, country, port where the quiesce took place.

2. For frozen vessels, the information published in accordance with Article 26 shall also include the following elements:

a) number of fixed assets in the previous 36 months;

b) date of lifting of the quiesce;

c) days of quiesce duration;

d) reasons for the immobilization, in clear and explicit terms;

(e) indication, where appropriate, of any liability of the recognised organisation which carried out the inspection, in respect of deficiencies which, alone or in combination with other causes, led to the immobilisation;

(f) a description of the measures taken in the case of a ship to which the nearest repair yard has been permitted to be directed;

g) if the ship has been denied access to a European Union port or anchorage, grounds for the ban, in clear and explicit terms.

ANNEX XV

Data provided in the framework of the monitoring of the implementation of this Regulation (referred to in Article 28)

1. Each year, by 1 April at the latest, the General Directorate of the Merchant Navy shall provide the Commission with the following data for the preceding year.

1.1 Number of inspectors acting on their behalf within the framework of port State control. The information shall be transmitted to the Commission using the following table model (1) (2):

Port/zone

Number of full-time inspectors (A)	Number of Part-Time Inspectors (B)	Full time (B) conversion (C)	Total (A + C)
X ... /o zone X
Y ... /o zone Y

1.2 Total number of individual vessels that have entered Spanish ports accounted for at national level. The figure shall indicate the number of vessels to which this Regulation applies which has entered Spanish ports accounted for at national level, and for one time only.

2. The General Directorate of the Merchant Navy will carry out the following actions:

(a) Rissue to the Commission every six months a detailed list of the scales of the vessels, not including regular passenger and cargo ferry services, which have entered their ports or notified to an Authority Port or harbour organ autonomic its arrival to a marine station, indicating, for each movement of a ship, the IMO identification number of this, the date of arrival and the port. The list shall be provided in the form of a computerised spreadsheet enabling automatic recovery and processing of the information indicated. The list shall be transmitted within four months after the end of the period to which the data correspond.

(b) It shall also send to the Commission separate lists of the regular passenger and cargo ferry services referred to in point (a) within six months of the date of entry into force of this Regulation and each time changes are made to those services. The list shall include the IMO identification number, the name and the covered route for each vessel. The list shall be provided in the form of a computerised spreadsheet enabling automatic recovery and processing of the information indicated.

(1) When inspections carried out by the inspectors under the control of the port State only constitute a part of the workload of those inspectors, the total number of inspectors who are It shall be adjusted in such a way as to indicate the equivalent number of full-time inspectors. Where the same inspector works in more than one port or geographical area, the applicable partial time equivalent shall be counted at each port.

(2) These data will be provided at national level and for each of the Spanish ports. For the purposes of this Annex, a port shall mean an individual port or a geographical area covered by an inspector or a team of inspectors, including several individual ports.

ANNEX XVI

PART A

Directives repealed, with their successive amendments (referred to in Article 37 of Directive 2009 /16/EC)

Council Directive 95 /21/EC (OJ L 157, 7-1995, p. 1).

Council Directive 98 /25/EC (OJ L 133, 7-5-1998, p. 19).

Commission Directive 98 /42/EC (OJ L 184, 27-6-1998, p. 40).

Commission Directive 1999 /97/EC (OJ L 331, 23-12-1999, p. 67).

Directive 2001 /106/EC of the European Parliament and of the Council (OJ L 19, 22-1-2002, p. 17).

Directive 2002/84/EC of the European Parliament and of the Council. Only Article 4 (OJ L 324, 29-11-2002, p. 53).

PART B

Deadlines for transposition into national law (referred to in Article 37)

	Incorporation deadline into national legal
Directive 95 /21/EC Directive 98 /25/EC Directive 98 /42/EC Directive 1999 /97/EC Directive 2001 /106/EC Directive 2002 /84/EC	June 30, 1996 June 30, 1998 September 30, 1998 December 13, 2000 July 22, 2003 November 23, 2003

ANNEX XVII

Correlation table (as referred to in Article 37 of Directive 2009 /16/EC)

Article 2, paragraph 4

Article 2, paragraph 7

-

-

8

9a

Article 11, paragraph 1

22

VIII

95 /21/EC	Directive 2009 /16/EC
Article 1, introductory part	Article 1, introductory part
Article 1, first indent	Article 1, letter a)
Article 1, second indent	-
Article 1, letter c
	Article 2, introductory part	Article 2, introductory part
Article 2, paragraph 1, introductory part	Article 2, paragraph 1, introductory part
Article 2, paragraph 1, first hyphen	Article 2, paragraph 1, letter a)
Article 2, paragraph 1, second indent	Article 2, paragraph 1, letter b)
Article 2, paragraph 1, third indent	Article 2, paragraph 1, letter c)
Article 2, paragraph 1, fourth indent	Article 2, paragraph 1, letter d)
Article 2, apart1, fifth indent	Article 2, paragraph 1, letter e)
Article 2, apart1, sixth indent	Article 2, paragraph 1, letter f)
Article 2, apart1, sixth indent	Article 2, paragraph 1, letter f)
Article 2, apart1, seventh indent	Article 2, paragraph 1, point (g)
Article 2, apart1, eighth script	Article 2, paragraph 1, letter h)
Article 2, paragraph 2	Article 2, paragraph 2
-	Article 2, section 3
-	Article 2, paragraph 4
Article 2, paragraph 3	Article 2, paragraph 5
-
-	Article 2, paragraph 6
-	Article 2, paragraph 7
Article 2, paragraph 5	Article 2, paragraph 8
-	Article 2, paragraph 6
-	Article 2, paragraph 10
Article 2, paragraph 6	Article 2, paragraph 11
Article 2, paragraph 12
Article 2, paragraph 8	Article 2, paragraph 13
-	Article 2, paragraph 14
Article 2, paragraph 9	-
	2, paragraph
	-
-
- Article 2, paragraph 10	Article 2, paragraph 17
-	Article 2, paragraph 18
-	Article 2, paragraph 19
-	Article 2, paragraph 20
-	Article 2, paragraph 21
Article 2, paragraph 22
Article 3, paragraph 1, first paragraph	Article 3, paragraph 1, first
	Article 3, paragraph 1, second
-	Article 3, section 1, third paragraph
Article 3, paragraph 1, first paragraph	Article 3, paragraph 1, fourth paragraph
	Article 3, paragraph 1, fifth paragraph
-	Article 3, paragraph 1, sixth paragraph
Article 3, paragraphs 2 to 4	Article 3, paragraphs 2 to 4
-	Article 4, paragraph 1
-article 4	Article 4, paragraph 2
-
	-
Article 5
	-
Item 5		Article 6
Article 7
	Article 8
		Article 9
Article 10
11
-	Article 12
Article 6, paragraph 1, introductory part	-
-	Article 13, paragraph 1, introductory part
Article 6, paragraph 1, letter a)	Article 13, paragraph 1, letter a)
-	Article 13, paragraph 1, letter b)
Article 6 (1) (b)	Article 13, paragraph 1, letter c)
Article 6, paragraph 2	-
-	Article 13, paragraph 2
6, paragraph 3	Article 13, paragraph 3
-
-
-
	-
Item 7 ter	-
-	Article 14
-	Article 15
	Article 16
Article 17
-	Article 18
Article 9, paragraphs 1 and 2	Article 1, paragraphs 1 and 2
Article 9, paragraph 3, first sentence	Article 19, paragraph 3
Article 9, paragraph 3, second to fourth sentence	Article 19, paragraph 4
Article 9, paragraph 4 to 7	Article 19, paragraphs 5 to 8
-	Article 19, paragraphs 9, and 10
-
Article 10, paragraph 1 to 3	Article 20, paragraphs 1 to 3
	Article 20, paragraph 4
Paragraph 21, paragraph 1
-	Article 21, paragraph 2
Article 11, paragraph 2	Article 21, paragraph 3 first paragraph
	-	Article 21, paragraph 3, second
Article 11, paragraphs 4 to 6	Article 21, paragraphs 4 to 6
Article 12, paragraphs 1 to 3	Article 22, paragraphs 1 to 3
Article 12, paragraph 4	Article 22, paragraph 4
-	Article 22, paragraph 5 to 7
Article 13, paragraphs 1 and 2	Article 23, paragraph 1 and 2
-	Article 23, paragraph 3 to 5
-
	-
	-
-		Item 24
	Article 25
Article 26
	Article 27
Article 16, paragraphs 1 and 2	Article 28, paragraphs 1 and 2
Article 1, paragraph 2a	Article 28, paragraph 3
1, paragraph 3	Article 28.4
Article 17	Article 29
	-	Article 30
Article 18	Article 31
Article 19	Article 32
-	Article 33
Article 19, letter a)	Article 34
-	Article 35
Article 20	Article 36
-	Article 37
Article 21	Article 38
Article 39
Annex I	-
-	Attachment I
-	Annex II
-	Annex III
Annex II	Annex IV
Annex III	Attachment V
Annex IV	Annex VI
Annex V	Annex VII
Annex VI	Attachment X
Annex VII	Annex XI
-	Attachment XII
Annex VIII	Attachment XIII
Annex IX	Annex IX
Annex X	Annex XIV
Annex VIII
Annex XII	-
-	Attachment XV
-	Annex XVI