Directive 2001/106/EC of the European Parliament and of the Council of 19 December 2001 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: 2001-12-19
Institutions: Council of the European Union, European Parliament
Subjects: harbour installation, international standard, maritime transport, prevention of pollution, transport safety, working conditions

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DIRECTIVE 2001/106/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 19 December 2001
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)

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),

Having regard to the opinion of the Economic and Social
Committee (2),

(5)

Having regard to the opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in Article
251 of the Treaty (4), in the light of the joint text approved by
the Conciliation Committee on 13 November 2001,

(6)

Whereas:

(1)

(2)

(3)

(4)

Council Directive 95/21/EC (5) establishes a system of
port State
shipping in the European
Community based on uniform inspection and detention
procedures.

control of

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 Memor-
andum of Understanding (MOU).

It is understood that nothing in this Directive has the
effect of transferring to port States the responsibilities of
the recognised organ-
flag States including those of
isations acting on behalf of the flag States.

Some ships pose a manifest risk to maritime safety and
the marine environment because of their poor condition,
flag and history; among which in particular, ships flying
the flag of a State described as ‘very high risk’ or ‘high
risk’ in the black list as published in the annual report of
the MOU. They should therefore be refused access to
Community ports, unless it can be demonstrated that

(1) OJ C 212 E, 25.7.2000, p. 102 and OJ C 154, 29.4.2001, p. 67.
(2) OJ C 14, 16.1.2001, p. 22.
(3) OJ C 22, 24.1.2001, p. 19.
(4) Opinion of the European Parliament of 30 November 2000, (OJ C
228, 13.8.2001, p. 133), Council Common Position of 26 February
2001 (OJ C 101, 30.3.2001, p. 15) and Decision of the European
Parliament of 16 May 2001 (not yet published in the Official
Journal). Decision of the European Parliament of 24 October 2001
and Decision of the Council of 6 December 2001.

(5) OJ L 157, 7.7.1995, p. 1. Directive as last amended by Commission

Directive 1999/97/EC (OJ L 331, 23.12.1999, p. 67).

they can be operated safely in Community waters.
Guidelines must be established setting out the proced-
ures applicable in the event of the imposition of such an
access ban and of the lifting of the ban. In the interests
of
the list of ships refused access to
Community ports should be made public.

transparency,

Ships with a high target factor present a particularly
serious accident or pollution risk, justifying the need to
inspect them frequently at Community ports of call.

of

The categories of ships listed in Annex V to Directive
95/21/EC also present a major accident or pollution
hazard when they reach a certain age. The broad discre-
tionary power of the inspection authority as to whether
to select such ships for expanded inspection prevents the
achievement
the
Community. It is therefore necessary to make inspection
of these ships mandatory. In particular, 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
the
expanded inspection regime should be applied to oil
tankers from the age of 15 years.

uniform practices within

than 15 years,

(7)

(8)

The content of
the expanded inspections for which
guidelines have been laid down may vary considerably at
the discretion of the inspection authority. In order to
achieve uniform practices within the Community, these
should therefore be made mandatory.
guidelines
However,
there should be provision for making an
exception when the conduct of an inspection of such
ships,
in particular in view of the state of the ship's
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, its crew,
the inspector or the safety of the port area.

Member States should be entitled to organise the manda-
tory inspections efficiently so as to achieve the highest
value added from a strengthened inspection regime,
taking into account the various operational conditions
and making use of cooperation between ports and
Member States, while adhering to the overall quantitative
inspection targets.

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(9)

(10)

(11)

(12)

some time,

the Member States

As the recruitment and training of qualified inspectors
requires
should be
allowed to build up their inspection service gradually;
given the characteristics of the port of Rotterdam, partic-
ularly the volume of
traffic calling there, provision
should be made for the possibility of extending slightly
the period for recruiting and training inspectors for this
port.

for

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
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 socie-
ties responsible for the structural quality of ships.

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 should
notify certain information of an operational nature.

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 inspec-
tions 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 inspec-
tion, a more detailed inspection or an expanded inspec-
tion should state which parts of the ship have already
been inspected; the inspector at the following port of
call will thus be able, where appropriate, to decide to
refrain from inspecting a part of the ship if no deficiency
was detected during the previous inspection.

(13)

Essential technological progress has been made in the
field of on-board equipment, which enables voyage data
to be recorded (by means of voyage data recorder (VDR
system) or ‘black boxes’) in order to facilitate post-acci-
dent investigations. In view of the importance of such
equipment for maritime safety and in parallel with the
efforts being made on this subject within the IMO, it
should be made mandatory after a period of up to five
years after the entry into force of this Directive for cargo

ships built before 1 July 2002 calling at Community
ports and, when compulsory,
its absence or failure
should warrant detention.

(14)

the

The administration of the flag State of a ship inspected
classification society concerned should be
or
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.

(15) Accidental pollution by oil is likely to cause considerable
damage to the environment and the economy of the
is therefore necessary to verify
region concerned.
whether oil
tankers calling at European Community
ports have appropriate cover for such risks.

It

(16)

(17)

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 informa-
tion published. The public should also be given fuller
and clearer information on the inspections and deten-
tions carried out in Community 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.

It is essential to monitor the application of the Directive
in order to avoid the risk of varying levels of safety and
distortion of competition between ports and regions of
the European Community. The Commission should
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 infor-
mation should be provided to the Commission suffi-
ciently frequently to enable it to intervene more rapidly
whenever anomalies are found in the application of the
Directive.

(18)

The measures necessary for
the implementation of
Directive 95/21/EC should be adopted in accordance
with Council Decision 1999/468/EC of 28 June 1999
laying down the procedures for the exercise of imple-
menting powers conferred on the Commission (1),

HAVE ADOPTED THIS DIRECTIVE:

Article 1

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

1. the title shall be replaced by the following:

‘Directive 95/21/EC of the Council of 19 June 1995 on
port State control of shipping;’

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

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2. Article 2(1) and (2) shall be replaced by the following:

month has elapsed since the last inspection carried
out in a port in the MOU region.

‘1.

“Conventions” means:

— the International Convention on Load Lines, 1966 (LL

66),

— the International Convention for the Safety of Life at

Sea, 1974 (SOLAS 74),

— the International Convention for the Prevention of
Pollution from Ships, 1973, and the 1978 Protocol
relating thereto (Marpol 73/78),

— the International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978
(STCW 78),

— the Convention on the International Regulations for
Preventing Collisions at Sea, 1972 (Colreg 72),

— the International Convention on Tonnage Measure-

ment of Ships, 1969 (ITC 69),

— the Merchant Shipping (Minimum Standards) Conven-

tion, 1976 (ILO No 147),

— the International Convention on Civil Liability for Oil

Pollution Damage, 1992 (CLC 92),

together with the Protocols and amendments to these
in
Conventions and related codes of mandatory status,
force on 19 December 2001.

2.
“MOU” means the Memorandum of Understanding
on Port State Control, signed in Paris on 26 January 1982,
as it stands on 19 December 2001;’

3. Article 4 shall be replaced by the following:

‘Article 4

Inspection body

qualified

Member States shall maintain appropriate national mari-
time administrations with the requisite number of staff, in
particular
called
inspectors,
“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.’;

hereinafter

4. Article 5(1), (2) and (3) shall be replaced by the following:

‘1.
The total number of inspections of the ships referred
to in paragraph (2) and Article 7 to be carried out annually
by the competent authority of each Member State shall
correspond to at least 25 % of the average annual number
of individual ships which entered its ports, calculated on
the basis of the three most recent calendar years for which
statistics are available.

2.

(a) The competent authority shall, subject to the provi-
sions of Article 7a, 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
least one
system, provided that a period of at

(b) In selecting other

the
ships
competent authorities shall determine the order of
priority as follows:

inspection,

for

— the first ships to be selected for inspection shall
be those 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 ranges as referred to in the
Sirenac information system.

3. Member States shall refrain from inspecting ships
which have been inspected by any Member State within
the previous six months, provided that:

— the ship is not listed in Annex I,

— no deficiencies have been reported,

following a

previous inspection,

— no clear grounds exist for carrying out an inspection,

— the ship is not covered by paragraph 2(a).’;

5. Article 7 shall be replaced by the following:

‘Article 7

Mandatory expanded inspection of certain ships

1.
A ship in one of the categories in Annex V, section
A, is liable to an expanded inspection after a period of 12
months since the last expanded inspection carried out in a
port of a State signatory of the MOU.

2.
If such a ship is selected for inspection in accordance
with Article 5(2)(b), an expanded inspection shall be
carried out. However an inspection in accordance with
Article 6 may be carried out in the period between two
expanded inspections.

3.

(a) The operator or master of a ship to which para-
graph 1 applies shall communicate all the informa-
tion listed in Annex V, section B, to the competent
authority of the Member State of each port visited
after a period of 12 months since the last expanded
inspection. This information shall be provided at
least three days before the expected time of arrival
in the port or before leaving the previous port if
the voyage is expected to take fewer than three
days.

(b) Any ship not complying with subparagraph (a)
shall be subject to an expanded inspection at the
port of destination.

4. Member States shall, subject to Article 7a, ensure
that an expanded inspection is carried out on a ship to
which paragraph 3 applies and which has a target factor of
7 or more at its first port visited after a period of 12
months since the last expanded inspection.

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In cases where the Member States are unable to increase
their capacity in time to carry out all the additional inspec-
tions required, particularly because of problems connected
with the recruitment and training of inspectors, they shall
be allowed until 1 January 2003 to build up their inspec-
tion service gradually. This period may be extended by six
months for the port of Rotterdam. The Commission shall
notify the Member States and the European Parliament of
any such extension.

ports, except in the situations described in Article 11(6), if
the ship:

either

— flies the flag of a State appearing in the black list as
published in the annual report of the MOU, and

— has been detained more than twice in the course of the
preceding 24 months in a port of a State signatory of
the MOU,

Expanded inspection shall be carried out in accord-

5.
ance with the procedures in Annex V, section C.

or

6. Where there is a risk that an amendment or draft
amendment to the MOU may weaken the scope of the
obligation for expanded inspection under this Article, the
Commission shall submit without delay to the Committee
established by Article 18, draft measures with a view to
reintroducing target
factor values complying with the
objectives of this Directive.’;

6. the following Article 7a shall be inserted:

‘Article 7a

Procedure in case certain ships cannot be inspected

In cases where, for operational reasons, a Member
1.
State is unable to carry out an inspection of a ship with a
target factor of more than 50 as referred to in Article
5(2)(a) or a mandatory expanded inspection as referred to
in Article 7(4), the Member State shall, without delay,
inform the Sirenac system that such inspection did not
take place.

Such cases shall be notified, at

2.
intervals of six
months, to the Commission together with the reasons for
not inspecting the ships concerned.

3.
During any calendar year, such non-inspections shall
not exceed 5 % of the average annual number of individual
ships eligible for the inspections referred to in paragraph 1
calling at the ports of the Member State, calculated on the
basis of the three most recent calendar years for which
statistics are available.

Ships referred to in paragraph 1 shall be subject to
4.
an inspection, as provided for in Article 5(2)(a) or a
mandatory expanded inspection as referred to in Article
7(4), as appropriate,
in the
Community.

in the next port of call

5.
By 22 July 2008 the figure of 5 % referred to in
paragraph 3 shall be amended on the basis of an assess-
ment by the Commission, if it is considered appropriate, in
accordance with the procedure laid down in Article 19.’;

7. the following Article 7b shall be inserted:

‘Article 7b

Access refusal measures concerning certain ships

1.
A Member State shall ensure that a ship in one of the
categories of Annex XI, section A, is refused access to its

— flies the flag of a State described as “very high risk” or
“high risk” in the black list as published in the annual
report of the MOU, and

— has been detained more than once in the course of the
preceding 36 months in a port of a State signatory of
the 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 second or third detention as appro-
priate.

2.
For the purposes of 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.’;

8. Article 8 shall be replaced by the following:

‘Article 8

Report of inspection to the master

On completion of an inspection, a more detailed inspec-
tion or an expanded inspection, the inspector shall draw
up a report in accordance with Annex IX. A copy of the
inspection report shall be provided to the ship's master.’;

9.

in Article 9:

(a) paragraph 1 shall be replaced by the following:

‘1.
The competent authority shall be satisfied that
any deficiencies confirmed or revealed by the inspec-
tion referred to in Article 5(2) and Article 7 are or will
be rectified in accordance with the Conventions.’;

(b) paragraph 3 shall be replaced by the following:

the ship shall be detained,

‘3. When exercising his professional judgment as to
whether or not a ship should be detained,
the
inspector shall apply the criteria set out in Annex VI.
In this respect,
if not
equipped with a functioning voyage data recorder
system, when its use is compulsory in accordance with
Annex XII. If this deficiency cannot be readily rectified
in the port of detention, the competent authority may
allow the ship to proceed to the nearest appropriate
port where it shall be readily rectified or require that
the deficiency is rectified within a maximum period of
30 days. For these purposes, the procedures laid down
in Article 11 shall apply.’;

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(c) paragraph 5 shall be replaced as follows:

15. Articles 17 and 18 shall be replaced by the following:

immediately inform,

‘5.
In the event that the inspections referred to in
Article 5(2) and Article 7 give rise to detention, the
in
competent authority shall
writing and including the report of
inspection, the
administration of the State whose flag the ship is enti-
tled to fly (hereinafter called “flag administration”) or,
when this is not possible,
in his
absence, the nearest diplomatic representative of that
State, of all the circumstances in which intervention
was
In addition, nominated
surveyors or recognised organisations responsible for
the issue of class certificates or certificates issued on
behalf of the flag State in accordance with the inter-
national conventions shall also be notified where rele-
vant.’;

deemed necessary.

the Consul or,

10. Article 10(1) shall be replaced by the following:

‘1.
The owner or the operator of a ship or his repres-
entative in the Member State shall have a right of appeal
against a detention decision or refusal of access taken by
the competent authority. An appeal shall not cause the
detention or refusal of access to be suspended.’;

11. Article 14(2) shall be replaced by the following:

‘2. Member States shall maintain provisions for the
exchange of information and cooperation between their
competent authority and the competent authorities of all
other Member States and maintain the established opera-
tional
the
Commission and the Sirenac information system set up in
St Malo, France.

link between their

competent

authority,

For the purposes of carrying out the inspections referred
to in Article 5(2) and Article 7, inspectors shall consult the
public and private databases relating to ship inspection
accessible through the Equasis information system.’;

12. Article 15(2) shall be replaced by the following:

‘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, as
soon as possible after the inspection has been completed
or the detention has been lifted.’;

13.

in Article 15 the following paragraph shall be added:

The provisions of this Article do not affect national

‘5.
legislation on liability.’;

14.

in Article 16 the following paragraph shall be inserted:

‘Article 17

Data to monitor implementation

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

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 paragraph, Articles 5
and 7 of Decision 1999/468/EC shall apply, having regard
to the provisions of Article 8 thereof.

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

3.

The Committee shall adopt its rules of procedure.’;

16.

in Article 19, the introductory phrase and subparagraph
(a) shall be replaced by the following:

‘This Directive may, without broadening its scope, be
amended in accordance with the procedure laid down in
Article 18(2),

in order to:

(a) adapt the obligations referred to in Article 5, except
the figure of 25 % referred to in paragraph 1 thereof,
in Articles 6, 7, 7a, 7b, 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;’

17. the following Article 19a shall be inserted:

‘Article 19a

Penalties

Member States shall lay down a system of penalties for the
breach of national provisions adopted pursuant to this
the measures necessary to
Directive and shall
ensure that those penalties are applied. The penalties thus
provided shall be effective, proportionate and dissuasive.’;

take all

18. the following paragraph shall be added to Article 20:

‘4.
In addition, the Commission shall inform the Euro-
pean Parliament and the Council on a regular basis of
progress in the implementation of the Directive within the
Member States.’;

19. Annex I, Part II shall be replaced by the text in Annex I to

this Directive;

20.

in Annex II:

(a) item 10 shall be replaced by the following items:

‘2a.
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.’;

‘10. Minimum Safe Manning Document;

10a Certificates issued in accordance with the STCW

Convention.’;

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(b) the following item 35 shall be added:

‘35. Certificate of

insurance or any other financial
security in respect of civil liability for oil pollution
damage (International Convention on Civil Liabi-
lity for Oil Pollution Damage, 1992).’;
in Annex III, item 1, the words ‘II-8 and II-11’ shall be
replaced by the words ‘and II-8’;

21.

22. Annex V shall be replaced by the text in Annex II to this

Directive;

23. Annex VI shall be amended as follows:

(a) the following shall be added to item 2 (‘Application of

main criteria’):
‘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 shall be added to item 3.2:
to carry out

‘15. Failure

the

enhanced survey
in accordance with SOLAS 74,

programme
Chapter XI, Regulation 2.

Directive not later than 22 July 2003. They shall forthwith
inform the Commission thereof.

2. When Member States adopt those provisions, they shall
contain a reference to this Directive or shall be accompanied by
such reference on the occasion of their official publication. The
methods of making such a reference shall be laid down by the
Member States.

3. Member States shall communicate to the Commission the
text of the provisions of national law which they have adopted
in the field governed by this Directive.

Article 3

this
The Commission shall review the implementation of
Directive no later than 22 July 2006. The review will examine,
inter alia, the number of port State control inspectors in each
Member State and the number of
inspections carried out,
including mandatory expanded inspections. The Commission
shall communicate the findings of the review to the European
Parliament and the Council and shall determine on the basis of
the review whether it is necessary to propose an amending
Directive or further legislation in this area.

16. Absence or failure of a VDR, when its use is

Article 4

compulsory.’;

(d) the following point shall be added to item 3.6:

‘5. Survey report file missing or not in conformity
with Regulation 13G(3)(b) of the Marpol Conven-
tion.’;

24. Annex VIII shall be replaced by the text in Annex III to

this Directive;

25. Annexes IX, X, XI and XII shall be added, the text of which

is in Annex IV to this Directive.

This Directive shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

This Directive is addressed to the Member States.

Article 5

Done at Brussels, 19 December 2001.

Article 2

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this

For the European Parliament
The President

For the Council
The President

N. FONTAINE

A. NEYTS-UYTTEBROECK

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ANNEX I

‘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 12 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.

4. Ships flying the flag of a State appearing in the black list as 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 of call;

(c) deficiencies to be rectified within 14 days;

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

If ship-related 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 classed with classification society with deficiency ratio above average.

10. Ships of the categories referred to in Annex V(A).

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
I, 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.

However, for the purpose of Article 7.4, the overall target factor shall not take into account item 10.’

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ANNEX II

‘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. Oil tankers with a gross tonnage of more than 3 000 gross tonnes and 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
Council Directive 1999/35/EC of 29 April 1999 on a system of mandatory surveys for the safe operation of
regular ro-ro ferry and high speed passenger craft services (1).

B. INFORMATION TO BE NOTIFIED TO THE COMPETENT AUTHORITY (as referred to in Article 7(3)(a))

A. name,

B. flag,

C. IMO identification number,

if any,

D. dead-weight tonnage,

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

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. planned statutory survey inspections and substantial maintenance and repair work to be carried out whilst in the

port of destination.

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

Article 7(5))

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,

(1) OJ L 138, 1.6.1999, p. 1.

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— 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,

— verification that the following documents are on board, review them and confirm that the flag State or

classification society has endorsed them:

(1) reports of structural surveys,

(2) condition evaluation reports,

(3) thickness measurement reports,

(4) 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,

— ballast tanks: at least one of the ballast tanks within the cargo area to be examined from tank manhole/deck

access in first instance and entered if inspector establishes clear ground for further inspection,

— verification that the following documents are on board, review them and confirm that the flag State or

classification society has endorsed them:

(1) reports of structural surveys,

(2) condition evaluation reports,

(3) thickness measurement reports,

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

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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.’

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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 as determined on the basis of the date indicated in the ship's safety certificates,

— 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 responsible

for the selection of the vessel and the type of 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 responsible

for the selection of the vessel and the type of charter,

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— 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 and nature of deficiencies.’

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The following Annexes IX, X, XI and XII shall be added:

ANNEX IV

‘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 as determined on the basis of the date indicated in the ship's safety certificates

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 responsible for the selection of the vessel and type of charter in the case of

ships carrying liquid or solid cargoes in bulk

15. Final date of writing the inspection report

16. Indication that detailed information on an inspection or a detention may be subject to publication.

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 detention order

2. Date of lifting the detention order

3. Nature of the deficiencies warranting the detention order (references to Conventions,

if relevant)

4. Information on the last intermediate or annual survey

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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 provided in the context of monitoring implementation in application of Article 17

1. 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.

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
individual ports where appropriate. The same
inspector may work in more than one port/geographical area.

inspectors, comprising several

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

level.

2. Member States must either:

(a) provide the Commission every six months with a list of movements of individual ships, other than regular
ferry services, that entered their ports, containing the IMO number of the ships and the date of arrival; or
alternatively

(b) provide to Sirenac the IMO numbers and the date of arrival of the ships, other than regular ferry services, that

daily entered their ports.

Member States must provide the Commission with the list of regular ferry services referred to in points (a) and (b),
not later than six months following the implementation of this Directive, and thereafter each time changes take
place in such services.

ANNEX XI

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

7b(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 7b(2))

1. If the conditions described in Article 7b 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 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 the
deficiencies leading to the detention have been remedied.

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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 require-
ments 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, with the agreement of the competent authority of the Member State that imposed the
access refusal order, 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.

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 Commission, the Centre administratif des affaires
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.

ANNEX XII

International and Community requirements concerning voyage data recorder systems

Ships in the following classes must, inasmuch as they call at a port of a Member State of the Community, be fitted
with a voyage data recorder system meeting the performance standards of IMO Resolution A.861(20) and the testing
standards set by Standard No 61996 of the International Electronics Commission (IEC):

— passenger ships built on or after 1 July 2002,

— ro-ro passenger ships built before 1 July 2002, not later than the first survey on or after 1 July 2002,

— passenger ships other than ro-ro passenger ships, built before 1 July 2002, not later than 1 January 2004,

— ships other than passenger ships, of 3 000 gross tonnage and upwards, built on or after 1 July 2002.

Ships in the following classes and built before 1 July 2002 must, inasmuch as they call at a port of a Member State of
the Community, be fitted with a voyage data recorder system meeting the relevant IMO standards:

— cargo ships of 20 000 gross tonnage and upwards, not later than the date fixed by the IMO or, in the absence of a

decision in IMO, not later than 1 January 2007,

— cargo ships of 3 000 gross tonnage and upwards but less than 20 000 gross tonnage, not later than the date fixed
in the absence of a decision in IMO, not later than 1 January 2008.’

by the IMO or,