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)
Date: 2000-03-21
Institutions: European Commission
Subjects: harbour installation, international standard, maritime transport, prevention of pollution, transport safety, working conditions

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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)

(2000/C 212 E/06)

(Text with EEA relevance)

COM(2000) 142 final (cid:151) 2000/0065(COD)

(Submitted by the Commission on 22 March 2000)

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,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

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

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
Paris
Memorandum of Understanding (MOU).

framework of

developments

in the

the

(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 discretion of

the expanded inspections

for which
guidelines have been laid down in Annex V, section B is
likely to vary considerably at
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
impossible or
to loading or unloading activities,
would involve excessive risks for the safety of the ship
and its crew and for the safety of the port area.

is

(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 conse-
quences for the environment. The inspection authority
should carry out a visual examination of the accessible
parts of
to detect any serious
corrosion and take whatever follow-up action may be
necessary,
classification
societies responsible for the structural quality of ships.

ship in order

particular

vis-(cid:224)-vis

the

the

in

(3) Some ships pose a manifest risk to maritime safety and
the marine environment because of their age, 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.

and organisation. The

(8) Expanded inspection based on mandatory verification of
certain aspects of the ship takes a considerable amount of
time
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 defi-
ciencies leading to detention concern ships older than 15
years, the expanded inspection regime should be applied
to oil tankers from the age of fifteen.

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(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
inspections performed in previous ports.
content of
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.

(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.

It

is

(12) Accidental pollution by oil is likely to cause considerable
damage to the environment and the economy of
the
region concerned.
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
in conformity with the 1969 Inter-
pollution damage,
national Convention on Civil Liability for Oil Pollution
Damage, as amended by its 1992 Protocol.

(13) The

the

ship’s

in the

charterer

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
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
information on the more
concerns
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
the
Directive.

a detention order under

in particular

(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

regions of

have more

the
therefore

European Union. The
and
ports
Commission must
detailed
information, particularly on the movements of ships in
ports, in order to be able to carry out a detailed exam-
ination 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 (1).

(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:

(cid:145)Directive 95/21/EC of the European Parliament and of the
Council of 19 June 1995 on port State control of shipping(cid:146).

2. Article 2 is amended as follows:

(a) point 1 is amended as follows:

(i) the following subparagraph is added:

(cid:145) (cid:151) the International Convention on Civil Liability
for Oil Pollution Damage, 1969, and the 1992
Protocol relating thereto.(cid:146)

(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.

3. Article 5 is amended as follows:

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

inspections of

The total number of

(cid:145)1.
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.(cid:146);

(1) OJ L 184, 17.7.1999, p. 23.

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

A are refused access to all Community ports, except in the
situations described in Article 11(6), if these ships:

(cid:145)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
than 50 in the Sirenac
information system.

factor greater

target

In selecting other ships for inspection, the competent
authorities shall determine the order of priority as
follows:

(cid:151) have been detained more than twice in the course of
the preceding 24 months in a port of a Member State,
and

(cid:151) fly the flag of a State listed in the table (rolling
three-year average) of above-average detentions and
delays, published in the annual report of the MOU.

(cid:151) absolute priority shall be given to the ships listed in
Annex I, Part I, irrespective of their target factor;

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

(cid:151) the ships listed in Annex I, Part II shall be selected
in decreasing order, depending on the order of
their target
priority resulting from the value of
factor.(cid:146)

4. Article 7 is replaced by the following:

(cid:145)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.

The operator or the master of a ship referred to in
2.
all
the
the preceding paragraph shall
information listed in Annex V,
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.

communicate
section B,

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.

Annex V,

3.
section C shall
guidelines on expanded inspection.(cid:146)

contain mandatory

5. The following Article 7a is inserted:

(cid:145)Article 7a

Access
subject to expanded inspection

refusal measures concerning certain ships

1. Member States shall ensure that ships older than 15
years classed in one of the categories of Annex V, section

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

The Commission shall publish every six months the
3.
information relating to ships that have been refused access
to Community ports in application of this Article.(cid:146)

6. Article 8 is replaced by the following text:

(cid:145)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
the flag State in accordance with the international
of
In the case of deficiencies warranting the
conventions.
to be given to the
the document
detention of a ship,
master
include
in accordance with paragraph 1 shall
information about the future publication of the detention
order in accordance with the provisions of this Directive.(cid:146)

7. In Article 9(5)

the words (cid:145)or recognised organisations
the ship’s certificates shall
responsible for the issue of
also be notified where relevant(cid:146) are replaced by the
words (cid:145)or
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.(cid:146)

recognised organisations responsible for

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8. In Article 10(1) the words (cid:145)or refusal of access(cid:146) are inserted

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

after the words (cid:145)against a detention decision(cid:146).

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

(a) the words (cid:145)Sirenac E(cid:146) are replaced by the word (cid:145)Sirenac(cid:146),

(b) the following subparagraph is added:

(cid:145)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(cid:146).

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

(cid:145)2.
The information listed in Annex VIII, Parts I and II,
and the information on changes, suspensions and with-
drawals 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.(cid:146)

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

(cid:145)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.(cid:146)

(cid:145)Article 18

Regulatory Committee

The Commission shall be assisted by the Committee

1.
set up pursuant to Article 12 of Directive 93/75/EEC.

(cid:145)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,
relating
thereto).(cid:146)

and the 1992 Protocol

15. In Annex III, item 1, the words (cid:145)II-8 and II-11(cid:146) are replaced

by the words (cid:145)and II-8.(cid:146)

16. Annex V is replaced by the text

in Annex II

to this

Directive.

17. Annex VI is amended as follows:

(a) In item 3.1 the words (cid:145)The lack of valid certificates(cid:146) are
replaced by the words (cid:145)The lack of valid certificates and
documents(cid:146).

(b) The following is added to item 3.2:

(cid:145)15. Failure

to

carry out

survey
programme in accordance with IMO resolution
A.744(18).(cid:146)

enhanced

the

(c) The following is added to item 3.6:

(cid:145)5. Survey report file missing or not in conformity with
Regulation 13G(3)(b) of the MARPOL Convention.(cid:146)

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

Directive.

19. Annexes IX and X are added, the text of which is in Annex

IV to this Directive.

Article 2

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

apply,

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.

The period stipulated in Article 5(6) of Decision

3.
1999/468/EC shall be three months.(cid:146)

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

(cid:145)(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
the
refer, on the basis of
which these Articles
experience gained from the implementation of
this
Directive and taking into account developments in
the MOU;(cid:146)

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

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

Directive.

This Directive is addressed to the Member States.

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ANNEX I

Annex I, Part II is replaced by the following:

(cid:145)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 defi-

ciencies.

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
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.(cid:146)

the MOU of new target

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ANNEX II

Annex V is replaced by the following:

(cid:145)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))

(cid:151) A. name,

(cid:151) B.

flag,

(cid:151) C.

IMO identification number, if any,

(cid:151) D. deadweight tonnage,

(cid:151) E.

date of construction of the ship,

(cid:151) F.

for tankers:

(cid:151) F.a. configuration: single hull, single hull with SBT, double hull,

(cid:151) F.b. condition of the cargo and ballast tanks: full, empty, inerted,

(cid:151) F.c. volume and nature of the cargo,

(cid:151) G. probable time of arrival at the port of destination or pilot station, as required by the competent authority,

(cid:151) H. planned duration of the call,

(cid:151) I.

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

(cid:151) 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)

(cid:151) Black-out and start of emergency generator,

(cid:151) Inspection of emergency lighting,

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(cid:151) Operation of emergency fire-pump with two fire hoses connected to the fire main-line,

(cid:151) Operation of bilge pumps,

(cid:151) Closing of watertight doors,

(cid:151) Lowering of one lifeboat to the water,

(cid:151) Test of remote emergency stop for, e.g., boilers, ventilation and fuel pumps,

(cid:151) Testing of steering gear including auxiliary steering gear,

(cid:151) Inspection of emergency source of power to radio installations,

(cid:151) 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:

(cid:151) Cargo tank monitoring and safety devices relating to temperature, pressure and ullage,

(cid:151) 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,

(cid:151) 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),

(cid:151) 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,

(cid:151) 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:

(cid:151) Possible corrosion of deck machinery mountings,

(cid:151) Possible deformation and/or corrosion of hatch covers,

(cid:151) Possible cracks or local corrosion in transverse bulkheads,

(cid:151) Access to cargo holds,

(cid:151) 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:

(cid:151) Fixed deck foam system,

(cid:151) Fire-fighting equipment in general,

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(cid:151) Inspection of fire dampers in engine room, pump room and accommodation,

(cid:151) Control of pressure of inert gas and oxygen content thereof,

(cid:151) Examination of the appearance of and any signs of corrosion of at least one of the ballast tanks,

(cid:151) 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:

(cid:151) Testing of fire detection and alarm system,

(cid:151) Testing of proper closing of fire doors,

(cid:151) Test of public address system,

(cid:151) Fire drill where, as a minimum, all sets of firemen’s outfits must be demonstrated and part of the catering

crew take part,

(cid:151) 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.

D. MANDATORY GUIDELINES 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 third time 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. The access refusal order may be lifted if the owner or the operator of the ship is able to show to the satisfaction
of the competent authority of the port of destination that the ship can be operated without danger to the safety
of passengers or crew, or without risk to other ships, or without presenting an unreasonable threat to the marine
environment.

3. To this end, the owner or the operator must address a formal request for the lifting of the access refusal order to
the Member State of the Community port of destination. This request must be accompanied by a certificate from
the flag State administration or from the classification society acting on its behalf, showing that the ship fully
conforms to the applicable provisions of the international conventions and satisfies the conditions mentioned in
paragraph 2. 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.

4. If the request for a lifting of the access refusal order is presented in accordance with paragraph 3, the Member
State of the port of destination must, on the basis of the information provided by the owner or the operator of
the ship, authorise 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.

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On arrival at the port of destination, the ship must be subjected to an expanded inspection, the cost of which will
be borne by the owner or the operator. The expanded inspection must cover at least the relevant items of Annex
V, section C, and the items that were inspected in the course of the last detention in a port of a Member State.

The expanded inspection referred to in the previous subparagraph must be performed by the inspectors of the
Member State of the port of destination, assisted by inspectors of a recognised organisation within the meaning
of Directive 94/57/EC, who have no commercial interest in the ship inspected.

5. 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 Affaires
Maritimes and the MOU Secretariat.

6. 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.(cid:146)

ANNEX III

Annex VIII is replaced by the following:

(cid:145)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:

(cid:151) name of the ship,

(cid:151) IMO number,

(cid:151) type of ship,

(cid:151) tonnage (gt),

(cid:151) year of construction,

(cid:151) name and address of the shipowner or operator of the ship,

(cid:151) 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),

(cid:151) flag State,

(cid:151) the classification society or classification societies, where relevant, which has/have issued to this ship the class

certificates, if any,

(cid:151) 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,

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(cid:151) port and date of the last expanded inspection stating, where appropriate, whether a detention was ordered,

(cid:151) port and date of the last special survey and the name of the organisation which carried out the survey,

(cid:151) number of detentions during the 24 previous months,

(cid:151) country and port of detention,

(cid:151) date when the detention was lifted,

(cid:151) duration of detention, in days,

(cid:151) number of deficiencies found and the reasons for detention, in clear and explicit terms,

(cid:151) description of the measures taken by the competent authority and, where relevant, by the classification society as

a follow-up to detention,

(cid:151) if the ship has been refused access to any port within the Community, the reasons for such measure in clear and

explicit terms,

(cid:151) indication, where relevant, of whether the classification society or any other private body that carried out the
led to detention,

survey has a responsibility in relation to the deficiencies which, alone or in combination,

(cid:151) 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:

(cid:151) name of the ship,

(cid:151) IMO number,

(cid:151) type of ship,

(cid:151) tonnage (gt),

(cid:151) year of construction,

(cid:151) name and address of shipowner or operator of the ship,

(cid:151) 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),

(cid:151) flag State,

(cid:151) the classification society or classification societies, where relevant, which has/have issued to this ship the class

certificates, if any,

(cid:151) 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,

(cid:151) country, port and date of inspection,

(cid:151) number of deficiencies, by category of deficiency.(cid:146)

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ANNEX IV

The following Annexes IX and X are added:

(cid:145)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.

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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
led to detention

survey has a responsibility in relation to the deficiencies which, alone or in combination,

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.

Port/Area

Number of full-time inspectors Number of part-time inspectors (1)

Conversion to full time

Port X . . .

Port Y . . .

Total

(1) Where the inspections carried out in the context of port State control represent only part of the inspectors’ work, the total

number of inspectors must be converted to a number equivalent to full-time inspectors.

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.

Date of
arrival

. ./. ./2 . . .

. ./. ./2 . . .

IMO No

Name

Flag

Type

GT

Year of
construction

Classification
society

Date of
departure

Port X . . .

. ./. ./2 . . .

. ./. ./2 . . .(cid:146)