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)
Date: 2000-12-12
Institutions: European Commission
Subjects: harbour installation, international standard, maritime transport, prevention of pollution, transport safety, working conditions

29.5.2001

EN

Official Journal of the European Communities

C 154 E/67

Amended proposal for a directive of the European Parliament and of the Council amending
Council Directive 95/21/EC concerning the enforcement,
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) (1)

in respect of

(2001/C 154 E/04)

(Text with EEA relevance)

COM(2000) 850 final (cid:151) 2000/0065(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 13 December 2000)

(1) OJ C 212 E, 25.7.2000, p. 102.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Unchanged

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

(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.

(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.

C 154 E/68

EN

Official Journal of the European Communities

29.5.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

(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.

Unchanged

(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
the
likely to vary considerably at
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,
impossible or
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

and organisation. The

(8) Expanded inspection based on mandatory verification of
certain aspects of the ship takes a considerable amount of
task of preparing the
time
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.

29.5.2001

EN

Official Journal of the European Communities

C 154 E/69

INITIAL PROPOSAL

AMENDED PROPOSAL

(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.

(10 bis) 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
(cid:145)black-boxes(cid:146)) in order to facilitate post-accident inves-
tigations. 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.

Unchanged

It

is

(12) Accidental pollution by oil is likely to cause considerable
damage to the environment and the economy of
the
therefore necessary to verify
region concerned.
whether oil
tankers calling at European Union ports
have appropriate cover for such risks. Whenever an oil
tanker carrying more than 2000 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 Inter-
national 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
in the list of
information published. The public must also be given
fuller and clearer information on the inspections and
in European Union ports. This
detentions carried out

the ship’s

charterer

C 154 E/70

EN

Official Journal of the European Communities

29.5.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

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 auth-
orities or the classification societies concerned following a
detention order under the Directive.

regions of

(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
European Union. The
the
and
ports
Commission must
detailed
therefore
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.

have more

(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).

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

29.5.2001

EN

Official Journal of the European Communities

C 154 E/71

INITIAL PROPOSAL

AMENDED PROPOSAL

(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.

2 bis) Article 4 is replaced by the following:

(cid:145)Article 4

Inspection body

Member States
shall maintain appropriate national
maritime administrations with the requisite number
in particular qualified inspectors, hereinafter
of staff,
called (cid:147)competent authorities(cid:148),
for the inspection of
ships and shall take whatever measures are appropriate
their competent authorities perform
to ensure that
their duties as laid down in this Directive.(cid:146)

3. Article 5 is amended as follows:

Unchanged

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

inspections of

The total number of

the ships
(cid:145)1.
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);

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

(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) absolute priority shall be given to the ships listed in
Annex I, Part 1, irrespective of their target factor;

(cid:151) the ships listed in Annex I, Part 2 shall be selected
in decreasing order, depending on the order of
priority resulting from the value of
their target
factor.(cid:146)

C 154 E/72

EN

Official Journal of the European Communities

29.5.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

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.

2.
The operator or the master of a ship referred to in
the preceding paragraph shall
all
the
to the
information listed in Annex V,
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
A are refused access to all Community ports, except in the
situations described in Article 11(6), if these ships:

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:

(cid:151) 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

(cid:151) 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

or

(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) 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

29.5.2001

EN

Official Journal of the European Communities

C 154 E/73

INITIAL PROPOSAL

AMENDED PROPOSAL

(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) 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
the ship has been authorised to leave the port where it has
been the subject of a third detention as appropriate.

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 V, section D.

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

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)

Unchanged

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.
the document
to be given to the
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

C 154 E/74

EN

Official Journal of the European Communities

29.5.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

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

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:

the inspections
the purposes of carrying out
(cid:145)For
referred to in Articles 6 and 7,
shall
inspectors
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 1 and 2,
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)

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

In the case of detention of a vessel

for defi-
(cid:145)4.
ciencies 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.(cid:146)

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

Unchanged

(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.

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

29.5.2001

EN

Official Journal of the European Communities

C 154 E/75

INITIAL PROPOSAL

AMENDED PROPOSAL

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

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

The Commission shall

(cid:145)4.
inform the European
Parliament and the Council on a regular basis, on the
progress of the implementation of the Directive within
the Member States.(cid:146)

13. Annex I, Part 2 is replaced by the text in Annex I to this

Unchanged

Directive.

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

(cid:145)35.

relating

insurance

guarantee

certificate or
the
to

any other
International
of
cover
financial
pollution damage (for oil
tankers covered by the
International Convention on Civil Liability for Oil
Pollution Damage, 1969, and the 1992 Protocol
relating thereto).(cid:146)

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 2 the following is added:

(cid:145)14. Provide the maximum of information in case of

accident(cid:146).

(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) 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:

(c) The following is added to item 3.2:

(cid:145)15. Failure

to carry out

enhanced survey
programme in accordance with IMO resolution
A.744(18).

the

Unchanged

C 154 E/76

EN

Official Journal of the European Communities

29.5.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

16. Absence of voyage data recorder(cid:146).

(c) The following is added to item 3.6:

(d) The following is added to item 3.6:

(cid:145)5. Survey report file missing or not in conformity
the Marpol

13G(3)(b)

of

with Regulation
Convention.(cid:146)

Unchanged

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

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

Annex IV to this Directive.

Annex IV to this Directive.

Article 2

Unchanged

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

than. They shall

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.

This Directive is addressed to the Member States.

Article 4

ANNEX I

Annex I, Part 2 is replaced by the following:

Unchanged

(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.

29.5.2001

EN

Official Journal of the European Communities

C 154 E/77

INITIAL PROPOSAL

AMENDED PROPOSAL

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.(cid:146)

C 154 E/78

EN

Official Journal of the European Communities

29.5.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

Annex V is replaced by the following:

Unchanged

ANNEX II

(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
the date of construction

determined on the basis of
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
determined on the basis of
indicated in the ship’s safety certificates.

than 15 years of age, as
the date of construction

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:

(a) configuration: single hull, single hull with SBT, double

hull,

(b) condition of the cargo and ballast tanks: full, empty,

inerted,

(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
unloading, other),

the port of destination (loading,

(cid:151) J.

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

29.5.2001

EN

Official Journal of the European Communities

C 154 E/79

INITIAL PROPOSAL

AMENDED PROPOSAL

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
it may jeopardise the safe execution of certain on-board
that
operations, e.g. cargo handling,
tests having a direct effect
if
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,

(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 instal-

lations,

(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),

C 154 E/80

EN

Official Journal of the European Communities

29.5.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

(cid:151) Check that the product being carried is listed in the Inter-
national 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
and the descriptive
document referred to by IMO resolution A.744(18).

thickness measurement

reports

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,

(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
and the descriptive
document referred to by IMO resolution A.744(18).

thickness measurement

reports

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,

29.5.2001

EN

Official Journal of the European Communities

C 154 E/81

INITIAL PROPOSAL

AMENDED PROPOSAL

(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
they induce
not obstruct
the
situations that,
safety of the passengers, the crew and the ship.

in the master’s judgment, could endanger

the ship, nor must

the operation of

D. MANDATORY GUIDELINES RELATING TO REFUSAL OF
ACCESS TO COMMUNITY PORTS (as referred to in Article
7a(2))

Deleted

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 admin-
istration, the classification society concerned, the other Member
States, the European Commission, the Centre Administratif des
Affairs 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 unreas-
onable threat to the environment.

3. To this end,

the access

refusal order

the owner or operator must address a formal
to the
the lifting of
for
request
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
the ship fully conforms to the
on its behalf, showing that
the international conventions and
applicable provisions of
satisfies the conditions mentioned in paragraph 2. The request
for the lifting of the access refusal order must also be accom-
panied, 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 States 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
for the sole
proceed to the port of destination in question,
purpose of verifying that
the conditions
specified in paragraph 2. On arrival at the port of destination,
the ship must be subject to an expanded inspection, the cost of

the ship meets

C 154 E/82

EN

Official Journal of the European Communities

29.5.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

least

the relevant

which will be borne by the owner or the operator. The expanded
inspection must cover at
items in 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 result 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 European
Commission, the Centre Administratif des Affairs Maritimes and
the MOU Secretariat.

the other Member States,

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 VIII is replaced by the following:

Unchanged

ANNEX III

(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
the charterer and the type of charter

name and address of
(voyage charter or time charter),

29.5.2001

EN

Official Journal of the European Communities

C 154 E/83

INITIAL PROPOSAL

AMENDED PROPOSAL

(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) 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 survey has a
responsibility in relation to the deficiencies which, alone or in
combination, led to detention,

(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),

C 154 E/84

EN

Official Journal of the European Communities

29.5.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

(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
the charterer and the type of charter

name and address of
(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)

The following Annexes IX and X are added:

The following Annexes IX, X and XI are added:

ANNEX IV

(cid:145)ANNEX IX

Unchanged

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
class

issued to this

ship the

relevant, which has/have
certificates, if any

29.5.2001

EN

Official Journal of the European Communities

C 154 E/85

INITIAL PROPOSAL

AMENDED PROPOSAL

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,
the
certificate(s) in question, including the date of issue and expiry

organisation

authority

issued

that

or

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.

C 154 E/86

EN

Official Journal of the European Communities

29.5.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

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
the total number of
to full-time

represent only part of
inspectors must be converted to a number equivalent
inspectors.

the inspectors’ work,

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
national level.

individual ships that entered their ports at

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.

Port X

IMO No Name

Flag Type GT

Year of
constr-
uction

Classifi-
cation
society

Date of
departure

. ./. ./2. . .

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

Date of
arrival

. ./. ./2. . .

. ./. ./2. . .

29.5.2001

EN

Official Journal of the European Communities

C 154 E/87

INITIAL PROPOSAL

AMENDED PROPOSAL

(cid:145)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 admin-
istration, 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 defi-
ciencies leading to the detention.

request

2. In order to have the access refusal order lifted, the owner or the
operator must address a formal
to the competent
authority of the Member State that imposed the access refusal
order. This request must be accompanied by a certificate from
the ship fully
the flag State administration showing that
conforms
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.

to the applicable provisions of

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.

C 154 E/88

EN

Official Journal of the European Communities

29.5.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

the Member State of

If the agreed port is located within the Community, the competent
authority 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,
the sole
purpose of verifying that the ship meets the conditions specified
in paragraph 2.

for

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.(cid:146)