CORRIGENDUM Annule et remplace la page 26 du document COM(2000) 850 du 12.12.2000. Concerne uniquement la version EN. Amended proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Directive 95/21/EC concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control)

(presented by the Commission pursuant to Article 250 (2) of the EC Treaty)

EXPLANATORY MEMORANDUM

During its 30 November 2000 Plenary Session, the European Parliament approved, subject to a number of amendments, the Commission's proposal for a European Parliament and Council Directive amending Council Directive 95/21/EC on port state control. The Economic and Social Committee and the Committee of Regions supported the legislative initiative as well.

The European Parliament agrees with the main elements of the Commission's proposal: to make the inspection regime of certain potentially dangerous ships mandatory rather than discretionary, to tighten the measures against manifestly substandard ships and to ensure an improved implementation of the Directive provisions.

However the Committee on Regional Policy, Transport and Tourism has formulated several amendments in view of integrating the Commission' s proposal and make stricter the provisions concerning the refusal of access measure and the implementation of the Port State Control. On the basis of these amendments which have been adopted by the European Parliament, the Commission proposes to introduce some new elements to its original text.

The Commission is prepared to incorporate those suggestions and amendments aiming at sending a stronger signal to substandard operators and negligent flag States to the extent that the coherence with the Law of the Sea, the International Conventions, other European legislative initiatives and the scope of the port state control Directive itself is not affected.

The control carried out by the State of the port is solely intended to verify whether the ship complies with the international requirements and not to indirectly impose additional equipment.

For these reasons the Commission cannot accept the proposal to ban from the European ports all the ships that are not equipped with a voyage data recorder (VDR) since under international law only certain categories of vessels are required to be equipped with a VDR. In addition this suggestion is not coherent with another adopted amendment proposing that - under the inspection activity - the failure to be equipped with Voyage data recorder (insofar as required) should be considered as a serious deficiency that merits to be rectified before the departure of the vessel.

The Commission further wishes to avoid measures that would be disproportionate in comparison to the principles and the goals of the port state control. For these reasons the Commission cannot accept the proposal to ban all ships, irrespective of their detention history, solely because they are flagged to a State on the Paris MOU list of flags with a detention record above the average (black-list).

The Commission considers that, for the sake of formal coherence, its proposal should not contain recitals that do not reflect the contents of the directive. On this basis the Commission cannot accept the statement that the banning measures should also cover the transit in the territorial waters and the above statement on the risk posed by ships flagged to a State appearing in the very high risk section of the Paris MOU black-list.

The Commission agrees with the European Parliament on the need to strongly commit Member States to create appropriate PSC bodies both in terms of quantity and quality and to ensure a regular information on the implementation of Port State Control.

The Commission also accepts the argument that a manifestly substandard ship poses a threat to the safety and the environment regardless of its age.

It is finally considered that the control ensured by the Port State should pay particular attention to the compliance with the VDR requirement.

Therefore in compliance with Article 250, paragraph 2, the Commission modifies its proposal.

Amended proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Directive 95/21/EC concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission, [1]

[1] OJ C , , p. .

Having regard to the opinion of the Economic and Social Committee, [2]

[2] OJ C , , p. .

Having regard to the opinion of the Committee of the Regions, [3]

[3] OJ C , , p. .

Acting in accordance with the procedure laid down in Article 251 of the Treaty, [4]

[4] OJ C , , p. .

Whereas:

(1) Directive 95/21/EC establishes a system of port State control of shipping in the European Community based on uniform inspection and detention procedures.

(2) It is necessary to take account of the changes that have been made to the International Maritime Organisation (IMO) conventions, protocols, codes and resolutions and of developments in the framework of the Paris Memorandum of Understanding (MOU).

(3) Some ships pose a manifest risk to maritime safety and the marine environment because of their poor condition, flag and history. They should therefore be refused access to Community ports, unless it can be demonstrated that they can be operated safely in Community waters. Guidelines must be established setting out the procedures applicable in the event of imposition of an access ban and of the lifting of such a ban. The list of ships refused access to Community ports must be published and displayed by the Sirenac information system.

(4) Ships with a high target factor present a particularly serious accident or pollution risk, justifying the need to inspect them at every Community port of call.

(5) The categories of ships listed in Annex V also present a major accident or pollution hazard when they reach a certain age. The broad discretionary power of the inspection authority as to whether to select such ships for expanded inspection prevents the achievement of uniform practices within the Community. It is therefore necessary to make inspection of these ships mandatory.

(6) The content of the expanded inspections for which guidelines have been laid down in Annex V, section B is likely to vary considerably at the discretion of the inspection authority. These guidelines must therefore be made mandatory. However, there must be provision for making an exception when the conduct of an inspection of such ships, in particular in view of the state of the ships' cargo tanks or of operational constraints relating to loading or unloading activities, is impossible or would involve excessive risks for the safety of the ship and its crew and for the safety of the port area.

(7) Structural defects in a ship are likely to increase the risk of an accident at sea. In the case of a ship carrying a bulk cargo of oil, such accidents can have disastrous consequences for the environment. The inspection authority should carry out a visual examination of the accessible parts of the ship in order to detect any serious corrosion and take whatever follow-up action may be necessary, in particular vis-à-vis the classification societies responsible for the structural quality of ships.

(8) Expanded inspection based on mandatory verification of certain aspects of the ship takes a considerable amount of time and organisation. The task of preparing the inspection should be facilitated, which in turn will improve its effectiveness. To this end, the master or operator of any ship entering a Community port must notify certain information of an operational nature.

(9) Given the risks of major pollution caused by oil tankers and in view of the fact that the great majority of deficiencies leading to detention concern ships older than 15 years, the expanded inspection regime should be applied to oil tankers from the age of fifteen.

(10) The growing importance of port State control in the battle against sub-standard practices is resulting in an overall increase in inspectors' tasks. A particular effort should therefore be made to avoid redundant inspections and to improve the information available to inspectors on the content of inspections performed in previous ports. Consequently, the inspection report produced by the inspector on completion of an inspection, a more detailed inspection or an expanded inspection must also state which parts of the ship have already been inspected. The inspector at the following port of call will thus be able to take this information into account and, where appropriate, decide to refrain from inspecting a part of the ship if no deficiency was detected during the previous inspection.

(10bis)Essential technological progress has been made in the field of the on-board equipment, which enables voyage data to be recorded (by means of VDR systems or "black-boxes") in order to facilitate post-accident investigations. In view of the importance of such equipment in the prevention of accidents at sea, it should be made obligatory for vessels operating domestic and international services within Community waters to be fitted with such equipment. It is therefore appropriate that the lack of a required VDR on board is considered as a serious deficiency to merit the detention of the ship.

(11) The administration of the flag State of a ship inspected or the classification society concerned must be informed of the result of inspection in order to ensure more effective monitoring of the development and, where appropriate, the deterioration in the state of the ship in order to take the necessary remedial action while there is still time.

(12) Accidental pollution by oil is likely to cause considerable damage to the environment and the economy of the region concerned. It is therefore necessary to verify whether oil tankers calling at European Union ports have appropriate cover for such risks. Whenever an oil tanker carrying more than 2 000 tonnes of oil in bulk is inspected, the inspector must check the presence on board of an insurance or other financial guarantee covering pollution damage, in conformity with the 1969 International Convention on Civil Liability for Oil Pollution Damage, as amended by its 1992 Protocol.

(13) The transparency of information relating to ships inspected and detained is a key element of any policy designed to deter the use of ships that fall short of the safety standards. It is necessary in this context to include the identity of the ship's charterer in the list of information published. The public must also be given fuller and clearer information on the inspections and detentions carried out in European Union ports. This concerns in particular information on the more extensive inspections performed on board ships, both by the port State authorities and by the classification societies, and an explanation of the measures taken by the port State authorities or the classification societies concerned following a detention order under the Directive.

(14) The detection of cases where the Directive has not been properly applied or of lax practices in certain Community ports is essential in order to avoid the risk of varying levels of safety and distortion of competition between ports and regions of the European Union. The Commission must therefore have more detailed information, particularly on the movements of ships in ports, in order to be able to carry out a detailed examination of the conditions under which the Directive is being applied. Such information must be provided to the Commission on an annual basis to enable it to intervene more rapidly whenever anomalies are found in the application of the Directive.

(15) The provisions of Directive 95/21/EC concerning the committee procedure must be amended to take account of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. [5]

[5] OJ L 184, 17.07.1999, p. 23.

(16) As the measures required to implement this Directive are measures of general scope within the meaning of Article 2 of Council Decision 1999/468/EC, they should be adopted according to the regulatory procedure laid down in Article 5 of that Decision,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Council Directive 95/21/EC is hereby amended as follows:

1. The title is replaced by the following:

"Directive 95/21/EC of the European Parliament and of the Council of 19 June 1995 on port State control of shipping".

2. Article 2 is amended as follows:

a) point 1 is amended as follows:

(i) the following subparagraph is added:

« - the International Convention on Civil Liability for Oil Pollution Damage, 1969, and the 1992 Protocol relating thereto."

(ii) the date 1 July 1999 is replaced by the date 1 July 2000;

b) in point 2, the date 1 July 1999 is replaced by the date 1 July 2000.

2bis) Article 4 is replaced by the following:

"Article 4

Inspection body

Member States shall maintain appropriate national maritime administrations with the requisite number of staff, in particular qualified inspectors, hereinafter called 'competent authorities', for the inspection of ships and shall take whatever measures are appropriate to ensure that their competent authorities perform their duties as laid down in this Directive."

3. Article 5 is amended as follows:

a) paragraph (1) is replaced by the following:

"1. The total number of inspections of the ships referred to in Article 5(2), Article 6 and Article 7 to be carried out annually by the competent authority of each Member State shall correspond to at least 25% of the number of individual ships which entered its ports during the past calendar year.";

b) paragraph (2) is replaced by the following:

"2. The competent authority shall ensure that an inspection in accordance with Article 6 is carried out on any ship not subject to an expanded inspection with a target factor greater than 50 in the Sirenac information system. In selecting other ships for inspection, the competent authorities shall determine the order of priority as follows:

-absolute priority shall be given to the ships listed in Annex I, Part I, irrespective of their target factor;

-the ships listed in Annex I, Part II shall be selected in decreasing order, depending on the order of priority resulting from the value of their target factor."

4. Article 7 is replaced by the following:

"Article 7

Mandatory expanded inspection of certain ships

1. Member States shall ensure that the ships classed in one of the categories of Annex V, section A are subject to an expanded inspection in the first port visited after a period of twelve months since the last expanded inspection carried out in a port of a Member State. However, these ships may be subject to the inspection provided for in Article 6(1) and (2) in the period between two expanded inspections.

2. The operator or the master of a ship referred to in the preceding paragraph shall communicate all the information listed in Annex V, section B, to the competent authority of the Member State concerned at least 2 working days before the expected time of arrival in a port of a Member State, or before leaving the port of departure if the voyage is expected to take fewer than 2 working days.

Any ship failing to communicate the above information to the competent authority concerned shall be subject to an inspection in conformity with Article 6 on arrival at its port of destination.

3. Annex V, section C shall contain mandatory guidelines on expanded inspection."

5. The following Article 7a is inserted:

"Article 7a

Access refusal measures concerning certain ships subject to expanded inspection

1. Member States shall ensure that ships classed in one of the categories of , Annex XI, section A are refused access to all Community ports, except in the situations described in Article 11(6), if these ships:

-have been detained more than once in the course of the preceding 36 months in a port of a State signatory of the Paris MOU, and

-fly the flag of a State appearing in the "very high risk" section of the black list as published in the annual report of the Paris MOU

-have been detained more than twice in the course of the preceding 24 months in a port of a State signatory of the Paris MOU, and

-fly the flag of a State listed in the black list as published in the annual report of the Paris MOU.

The refusal of access shall become applicable immediately after the ship has been authorised to leave the port where it has been the subject of a second or third detention as appropriate.

2. For the purposes of applying paragraph (1), Member States shall comply with the procedures laid down in Annex XI, section B.

3. The Commission shall publish every six months the information relating to ships that have been refused access to Community ports in application of this Article."

6. Article 8 is replaced by the following text:

"Article 8

Inspection report

1. On completion of an inspection, a more detailed inspection or an expanded inspection, the inspector shall draw up a report containing at least the information listed in Annex X, giving the results of the inspection, the parts or elements of the ship that have been inspected in the case of a more detailed or an expanded inspection, the details of any decisions taken by the inspector and of the corrective action to be taken by the master, owner or operator.

2. A copy of the inspection report shall be provided to the ship's master, the flag State administration and the organisation responsible for ship surveys and for the issue of class certificates or certificates issued on behalf of the flag State in accordance with the international conventions. In the case of deficiencies warranting the detention of a ship, the document to be given to the master in accordance with paragraph 1 shall include information about the future publication of the detention order in accordance with the provisions of this Directive."

7. In Article 9(5) the words "or recognised organisations responsible for the issue of the ship's certificates shall also be notified where relevant" are replaced by the words "or recognised organisations responsible for the issue of class certificates or certificates issued on behalf of the flag State in accordance with the international conventions shall also be notified where relevant."

8. In Article 10(1) the words "or refusal of access" are inserted after the words "against a detention decision".

9. Article 14(2) is amended as follows:

a) the words "Sirenac E" are replaced by the word "Sirenac",

b) the following subparagraph is added:

"For the purposes of carrying out the inspections referred to in Articles 6 and 7, inspectors shall consult the public and private databases relating to ship inspection accessible through the EQUASIS information system, as soon as it becomes operational".

10. Article 15(2) is replaced by the following:

"2. The information listed in Annex VIII, Parts I and II, and the information on changes, suspensions and withdrawals of class referred to in Article 15(3) of Directive 94/57/EC, shall be available in the Sirenac system. It shall be made public through the EQUASIS information system, when the latter becomes operational, as soon as possible after the inspection has been completed or the detention has been lifted."

10bis) The following new paragraph 4 is added to Article 16:

"4. In the case of detention of a vessel for deficiencies or lack of valid certificates as laid down in article 9 and Annex VI, all costs relating to the detention in port shall be borne by the owner or operator of the ship."

11. Articles 17 and 18 are replaced by the following:

"Article 17

Data to monitor implementation

Member States shall provide the Commission with the information listed in Annex X at the intervals stated in that Annex."

"Article 18

Regulatory Committee

1. The Commission shall be assisted by the Committee set up pursuant to Article 12 of Directive 93/75/EEC.

2. Where reference is made to this provision, the regulatory procedure laid down in Article 5 of Decision 1999/468/EC shall apply, in conformity with the provisions of Article 8 of the Decision.

3. The period stipulated in Article 5(6) of Decision 1999/468/EC shall be three months."

12. Article 19(a) is replaced by the following:

"a) adapt the obligations referred to in Article 5, except the figure of 25% referred to in paragraph 1 thereof, in Articles 6, 7, 8, 15 and 17, and in the Annexes to which these Articles refer, on the basis of the experience gained from the implementation of this Directive and taking into account developments in the MOU;"

12bis) The following new paragraph 4 is added to Article 20:

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

13. Annex I, Part II is replaced by the text in Annex I to this Directive.

14. In Annex II, the following item 35 is added:

"35. International insurance certificate or any other financial guarantee relating to the cover of pollution damage (for oil tankers covered by the International Convention on Civil Liability for Oil Pollution Damage, 1969, and the 1992 Protocol relating thereto)."

15. In Annex III, item 1, the words "II-8 and II-11" are replaced by the words "and II-8."

16. Annex V is replaced by the text in Annex II to this Directive.

17. Annex VI is amended as follows:

a) In item 2 the following is added:

"14. Provide the maximum of information in case of accident".

b) In item 3.1 the words "The lack of valid certificates" are replaced by the words "The lack of valid certificates and documents".

c) The following is added to item 3.2:

"15. Failure to carry out the enhanced survey programme in accordance with IMO resolution A.744(18).

16. Absence of voyage data recorder".

d) The following is added to item 3.6:

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

18. Annex VIII is replaced by the text in Annex III to this Directive.

19. Annexes IX, X and XI are added, the text of which is in Annex IV to this Directive.

Article 2

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than . They shall forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

ANNEX I

Annex I, Part II is replaced by the following:

II. Overall targeting factor

The following ships shall be considered as priority for inspection.

1. Ships visiting a port of a Member State for the first time or after an absence of twelve months or more. In applying these criteria Member States shall also take into account those inspections which have been carried out by members of the MOU. In the absence of appropriate data for this purpose, Member States shall rely upon the available Sirenac data and inspect those ships which have not been registered in the Sirenac following the entry into force of that database on 1 January 1993.

2. Ships not inspected by any Member State within the previous six months.

3. Ships whose statutory certificates on the ship's construction and equipment, issued in accordance with the conventions, and the classification certificates, have been issued by organisations which are not recognised under the terms of Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations.

4. Ships flying the flag of a State appearing in the three-year rolling average table of above-average detentions and delays published in the annual report of the MOU.

5. Ships which have been permitted to leave the port of a Member State on certain conditions, such as:

(a) deficiencies to be rectified before departure;

(b) deficiencies to be rectified at the next port;

(c) deficiencies to be rectified within 14 days;

(d) deficiencies for which other conditions have been specified.

If appropriate action has been taken and all deficiencies have been rectified, this is taken into account.

6. Ships for which deficiencies have been recorded during a previous inspection, according to the number of deficiencies.

7. Ships which have been detained in a previous port.

8. Ships flying the flag of a country which has not ratified all relevant international conventions referred to in Article 2 of this Directive.

9. Ships flying the flag of a country with a deficiency ratio above average.

10. Ships flying the flag of a country with class deficiency above average.

11. Ships above 13 years old.

In determining the order of priority for the inspection of the ships listed above, the competent authority shall take into account the overall target factor displayed on the Sirenac information system, according to Annex I, Section 1 of the MOU. A higher target factor is indicative of a higher priority. The overall target factor is the sum of the applicable target factor values as defined within the framework of the MOU. Items 5, 6 and 7 shall only apply to inspections carried out in the last 12 months. The overall target factor shall not be less than the sum of the values established for items 3, 4, 8, 9, 10 and 11.

If, within three months from the introduction in the framework of the MOU of new target factor values, the Commission is of the view that these values are inappropriate, it may decide, in accordance with the procedure laid down in Article 19 of Directive 95/21/EC, that these values shall not apply for the purposes of this Directive."

ANNEX II

Annex V is replaced by the following:

"ANNEX V

A. CATEGORIES OF SHIPS SUBJECT TO EXPANDED INSPECTION (as referred to in Article 7(1))1. Gas and chemical tankers older than 10 years of age, as determined on the basis of the date of construction indicated in the ship's safety certificates.

2. Bulk carriers older than 12 years of age, as determined on the basis of the date of construction indicated in the ship's safety certificates.

3. Single hull oil tankers older than 15 years of age, as determined on the basis of the date of construction indicated in the ship's safety certificates.4. Passenger ships older than 15 years of age other than the passenger ships referred to in Article 2(a) and (b) of Directive 1999/35/EC.

B. Information TO BE NOTIFIED TO THE COMPETENT AUTHORITY (as referred to in Article 7(2))

-A. name,

-B. flag,

-C. IMO identification number, if any,

-D. deadweight tonnage,

-E. date of construction of the ship,

-F. for tankers:

-F.a. configuration: single hull, single hull with SBT, double hull,

-F.b. condition of the cargo and ballast tanks: full, empty, inerted,

-F.c. volume and nature of the cargo,

-G. probable time of arrival at the port of destination or pilot station, as required by the competent authority,

-H. planned duration of the call,

-I. planned operations at the port of destination (loading, unloading, other),

-J. date and place of the last inspection carried out in the framework of port State control.

C. PROCEDURES RELATING TO EXPANDED INSPECTION OF CERTAIN CATEGORIES OF SHIPS (as referred to in Article 7(3))

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

1. SHIPS IN GENERAL (Categories in section A)

-Black-out and start of emergency generator,

-Inspection of emergency lighting,

-Operation of emergency fire-pump with two fire hoses connected to the fire main-line,

-Operation of bilge pumps,

-Closing of watertight doors,

-Lowering of one lifeboat to the water,

-Test of remote emergency stop for, e.g., boilers, ventilation and fuel pumps,

-Testing of steering gear including auxiliary steering gear,

-Inspection of emergency source of power to radio installations,

-Inspection and, to the extent possible, test of engine room separator.

2. GAS AND CHEMICAL TANKERS

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

-Cargo tank monitoring and safety devices relating to temperature, pressure and ullage,

-Oxygen analysing and explosimeter devices, including their calibration. Availability of chemical detection equipment (bellows) with an appropriate number of suitable gas detection tubes for the specific cargo being carried,

-Cabin escape sets giving suitable respiratory and eye protection for every person on board (if required by the products listed on the International Certificate of Fitness or Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or Liquefied Gases in Bulk, as applicable),

-Check that the product being carried is listed in the International Certificate of Fitness or Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or Liquefied Gases in Bulk, as applicable,

-The fixed fire-fighting installations on deck, whether they be foam or dry chemical or other as required by the product carried.

3. BULK CARRIERS

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

-Possible corrosion of deck machinery mountings,

-Possible deformation and/or corrosion of hatch covers,

-Possible cracks or local corrosion in transverse bulkheads,

-Access to cargo holds,

-Assessment of the safety of the structure on the basis of the reports of structural surveys, the condition evaluation reports, the thickness measurement reports and the descriptive document referred to by IMO resolution A.744(18).

4. OIL TANKERS

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

-Fixed deck foam system,

-Fire-fighting equipment in general,

-Inspection of fire dampers in engine room, pump room and accommodation,

-Control of pressure of inert gas and oxygen content thereof,

-Examination of the appearance of and any signs of corrosion of at least one of the ballast tanks,

-Assessment of the safety of the structure on the basis of the reports of structural surveys, the condition evaluation reports, the thickness measurement reports and the descriptive document referred to by IMO resolution A.744(18).

5. PASSENGER SHIPS NOT COVERED BY DIRECTIVE 1999/35/EC

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

-Testing of fire detection and alarm system,

-Testing of proper closing of fire doors,

-Test of public address system,

-Fire drill where, as a minimum, all sets of firemen's outfits must be demonstrated and part of the catering crew take part,

-Demonstration that key crew members are acquainted with the damage control plan.

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

ANNEX III

Annex VIII is replaced by the following:

"ANNEX VIII

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

(As referred to in Article 15)

I. - Information published in accordance with Article 15(1) must include the following:

-name of the ship,

-IMO number,

-type of ship,

-tonnage (gt),

-year of construction,

-name and address of the shipowner or operator of the ship,

-in the case of ships carrying liquid or solid cargoes in bulk, the name and address of the charterer and the type of charter (voyage charter or time charter),

-flag State,

-the classification society or classification societies, where relevant, which has/have issued to this ship the class certificates, if any,

-the classification society or classification societies and/or any other party which has/have issued to this ship certificates in accordance with the applicable conventions on behalf of the flag State, stating the certificates delivered,

-port and date of the last expanded inspection stating, where appropriate, whether a detention was ordered,

-port and date of the last special survey and the name of the organisation which carried out the survey,

-number of detentions during the 24 previous months,

-country and port of detention,

-date when the detention was lifted,

-duration of detention, in days,

-number of deficiencies found and the reasons for detention, in clear and explicit terms,

-description of the measures taken by the competent authority and, where relevant, by the classification society as a follow-up to detention,

-if the ship has been refused access to any port within the Community, the reasons for such measure in clear and explicit terms,

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

-description of the measures taken in the case of a ship which has been allowed to proceed to the nearest appropriate repair yard, or which has been refused access to a Community port.

II - Information concerning ships inspected made public in accordance with Article 15(2) must include the following:

-name of the ship,

-IMO number,

-type of ship,

-tonnage (gt),

-year of construction,

-name and address of shipowner or operator of the ship,

-in the case of ships carrying liquid or solid cargoes in bulk, the name and address of the charterer and the type of charter (voyage charter or time charter),

-flag State,

-the classification society or classification societies, where relevant, which has/have issued to this ship the class certificates, if any,

-the classification society or classification societies and/or any other party which has/have issued to this ship certificates in accordance with the applicable conventions on behalf of the flag State, stating the certificates delivered,

-country, port and date of inspection,

-number of deficiencies, by category of deficiency."

ANNEX IV

The following Annexes IX, X and XI are added:

"ANNEX IX

Inspection report drawn up in accordance with Article 8

The inspection report must contain at least the following items.

I- General

1. Competent authority that wrote the report

2. Date and place of inspection

3. Name of the ship inspected

4. Flag

5. Type of ship

6. IMO number

7. Call sign

8. Tonnage (gt)

9. Deadweight tonnage (where relevant)

10. Year of construction

11. The classification society or classification societies, where relevant, which has/have issued to this ship the class certificates, if any

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

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

14. Name and address of the charterer and type of charter (voyage charter or time charter) in the case of ships carrying liquid or solid cargoes in bulk

15. Final date of writing the inspection report.

II - Information relating to inspection

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

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

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

4. Nature of the deficiencies

5. Measures taken.

III - Additional information in the event of detention

1. Date of the detention order

2. Date of lifting the detention order

3. Nature of the deficiencies warranting the detention order

4. Information on the last intermediate or annual survey

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

6. Measures taken.

ANNEX X

Data to be provided in the context of monitoring implementation

Member States must communicate the following information to the Commission in application of Article 17, using the model tables below.

1. Data to be provided annually

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

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

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

>TABLE POSITION>

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

1.2. Total number of individual ships that entered their ports at national level.

2. Data to be provided on a quarterly basis

Member States must provide the Commission every three months with a detailed list of movements of individual ships that entered their ports, using the following model.

>TABLE POSITION>

ANNEX XI

A. CATEGORIES OF SHIPS SUBJECT TO REFUSAL OF ACCESS TO COMMUNITY PORTS (as referred to in Article 7a(1))

1. Gas and chemical tankers,

2. Bulk carriers,

3. Oil tankers,

4. Passenger ships.

B. PROCEDURES RELATING TO REFUSAL OF ACCESS TO COMMUNITY PORTS (as referred to in Article 7a(2))

1. If the conditions described in Article 7a are met, the competent authority of the port in which the ship is detained for the second or third time, as appropriate, must inform the captain and the owner or the operator of the ship in writing of the access refusal order served on the ship.

The competent authority must also inform the flag State administration, the classification society concerned, the other Member States, the European Commission, the Centre Administratif des Affaires Maritimes and the MOU Secretariat.

The access refusal order will take effect as soon as the ship has been authorised to leave the port after remediation of the deficiencies leading to the detention.

2. In order to have the access refusal order lifted, the owner or the operator must address a formal request to the competent authority of the Member State that imposed the access refusal order. This request must be accompanied by a certificate from the flag State administration showing that the ship fully conforms to the applicable provisions of the international conventions. The request for the lifting of the access refusal order must also be accompanied, where appropriate, by a certificate from the classification society which has the ship in class showing that the ship conforms to the class standards stipulated by that society.

3. The access refusal order may only be lifted following a re-inspection of the ship at an agreed port by inspectors of the competent authority of the Member State that imposed the access refusal order and if evidence is provided to the satisfaction of this Member State that the vessel fully complies with the applicable requirements of the International Conventions.

If the agreed port is located within the Community, the competent authority of the Member State of the port of destination may authorise, with the agreement of the competent authority of the Member State that imposed the access refusal order, the ship to proceed to the port of destination in question, for the sole purpose of verifying that the ship meets the conditions specified in paragraph 2.

The re-inspection shall consist of an expanded inspection that must cover at least the relevant items of Annex V, section C.

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

4. If the results of the expanded inspection satisfy the Member State in accordance with paragraph 2, the access refusal order must be lifted. The owner or the operator of the ship must be informed thereof in writing.

The competent authority must also notify its decision in writing to the flag State administration, the classification society concerned, the other Member States, the European Commission, the Centre Administratif des Affairs Maritimes and the MOU Secretariat.

5. Information relating to ships that have been refused access to Community ports must be made available in the Sirenac system and published in conformity with the provisions of Article 15 and of Annex VIII".