DIRECTIVE
2009/16/EC
OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 23 April 2009
on port State control
(Recast)
(Text with EEA relevance)
Article 1
Purpose
Article 2
Definitions
Article 3
Scope
Article 4
Inspection powers
Article 5
Inspection system and annual inspection commitment
Article 6
Modalities of compliance with the inspection commitment
Article 7
Modalities allowing a balanced inspection share within the Community
Article 8
Postponement of inspections and exceptional circumstances
Article 9
Notification of arrival of ships
Article 10
Ship risk profile
Article 11
Frequency of inspections
Article 12
Selection of ships for inspection
Article 13
Initial and more detailed inspections
Article 14
Expanded inspections
Article 15
Safety and security guidelines and procedures
Article 16
Access refusal measures concerning certain ships
Article 17
Report of inspection to the master
Article 18
Complaints
Article 19
Rectification and detention
Article 20
Right of appeal
Article 21
Follow-up to inspections and detentions
Article 22
Professional profile of inspectors
Article 23
Reports from pilots and port authorities
Article 24
Inspection database
Article 25
Exchange of information and cooperation
Article 26
Publication of information
Article 27
Publication of a list of companies with a low and very low performance
Article 28
Reimbursement of costs
Article 29
Data to monitor implementation
Article 30
Monitoring of compliance and performance of Member States
Article 31
Committee procedure
Article 32
Amendment procedure
Article 33
Implementing rules
Article 34
Penalties
Article 35
Review
Article 36
Implementation and notification
Article 37
Repeal
Article 38
Entry into force
Article 39
Addressees
ANNEX I
ELEMENTS OF THE COMMUNITY PORT STATE INSPECTION SYSTEM
(referred to in Article 5)
I. Ship risk profile
1. Generic parameters
2. Historical parameters
II. Inspection of ships
1. Periodic inspections
2. Additional inspections
2A. Overriding factors
2B. Unexpected factors
3. Selection scheme
3A. Priority I ships shall be inspected as follows:
3B. Where the competent authority decides to inspect a Priority II ship, the following shall apply:
ANNEX II
|
Profile |
||||||
High Risk Ship (HRS) |
Standard Risk Ship (SRS) |
Low Risk Ship (LRS) |
|||||
Generic parameters |
Criteria |
Weighting points |
Criteria |
Criteria |
|||
1 |
Type of ship |
Chemical tankship Gas carrier Oil tankship Bulk carrier Passenger ship |
2 |
neither a high risk nor a low risk ship |
All types |
||
2 |
Age of ship |
all types > 12 y |
1 |
All ages |
|||
3a |
Flag |
BGW-list |
Black – VHR, HR, M to HR |
2 |
White |
||
Black – MR |
1 |
||||||
3b |
IMO-Audit |
- |
- |
Yes |
|||
4a |
Recognised organisation |
Performance |
H |
- |
- |
High |
|
M |
- |
- |
- |
||||
L |
Low |
1 |
- |
||||
VL |
Very Low |
- |
|||||
4b |
EU recognised |
- |
- |
Yes |
|||
5 |
Company |
Performance |
H |
- |
- |
High |
|
M |
- |
- |
- |
||||
L |
Low |
2 |
- |
||||
VL |
Very low |
- |
|||||
Historical parameters |
|
|
|||||
6 |
Number of deficiencies recorded in each insp. within previous 36 months |
Deficiencies |
Not eligible |
- |
≤ 5 (and at least one inspection carried out in previous 36 months) |
||
7 |
Number of detentions within previous 36 months |
Detentions |
≥ 2 detentions |
1 |
No detention |
||
HRS are ships which meet criteria to a total value of 5 or more weighting points. LRS are ships which meet all the criteria of the Low Risk Parameters. SRS are ships which are neither HRS nor LRS. |
ANNEX III
NOTIFICATION
(referred to in Article 9(1))
ANNEX IV
LIST OF CERTIFICATES AND DOCUMENTS
(referred to in Article 13(1))
ANNEX V
EXAMPLES OF ‘CLEAR GROUNDS’
(referred to in Article 13(3))
A. Examples of clear grounds for a more detailed inspection
B. Examples of clear grounds for the control of ships on security aspects
ANNEX VI
PROCEDURES FOR THE CONTROL OF SHIPS
(referred to in Article 15(1))
ANNEX VII
EXPANDED INSPECTIONS OF SHIPS
(referred to in Article 14)
ANNEX VIII
PROVISIONS CONCERNING REFUSAL OF ACCESS TO PORTS AND ANCHORAGES WITHIN THE COMMUNITY
(referred to in Article 16)
ANNEX IX
INSPECTION REPORT
(referred to in Article 17)
I. General
II. Information relating to inspection
III. Additional information in the event of detention
ANNEX X
CRITERIA FOR DETENTION OF A SHIP
(referred to in Article 19(3))
INTRODUCTION
1.
Main criteria
Timing:
Criterion:
2.
Application of main criteria
3.1.
General
3.2.
Areas under SOLAS 74
3.3.
Areas under the IBC Code
3.4.
Areas under the IGC Code
3.5.
Areas under LL 66
3.6.
Areas under MARPOL 73/78, Annex I
3.7.
Areas under MARPOL 73/78, Annex II
3.8.
Areas under MARPOL 73/78, Annex V
3.9.
Areas under the STCW 78/95 and Directive 2008/106/EC.
3.10.
Areas under the ILO Conventions
3.11.
Areas which may not warrant a detention, but where, e.g. cargo operations have to be suspended.
ANNEX XI
MINIMUM CRITERIA FOR INSPECTORS
(referred to in Article 22(1) and (5))
ANNEX XII
FUNCTIONALITIES OF THE INSPECTION DATABASE
(referred to in Article 24(1))
ANNEX XIII
PUBLICATION OF INFORMATION RELATED TO INSPECTIONS, DETENTIONS AND REFUSALS OF ACCESS IN PORTS AND ANCHORAGES OF MEMBER STATES
(referred to in Article 26)
ANNEX XIV
DATA PROVIDED IN THE CONTEXT OF MONITORING IMPLEMENTATION
(referred to in Article 29)
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
Port/area |
Number of full-time inspectors (A) |
Number of part-time inspectors (B) |
Conversion of (B) to full-time (C) |
Total (A+C) |
Port X/or Area X … |
|
|
|
|
Port Y/or Area Y … |
|
|
|
|
TOTAL |
|
|
|
|
1.2. Total number of individual ships that entered their ports at national level. The figure shall be the number of ships covered by this Directive that entered their ports at national level counted only once.
2. Member States must:
ANNEX XV
PART A
Council Directive 95/21/EC |
|
Council Directive 98/25/EC |
|
Commission Directive 98/42/EC |
|
Commission Directive 1999/97/EC |
|
Directive 2001/106/EC of the European Parliament and of the Council |
|
Directive 2002/84/EC of the European Parliament and of the Council |
Only Article 4 |
PART B
Directive |
Time limit for transposition |
Directive 95/21/EC |
30 June 1996 |
Directive 98/25/EC |
30 June 1998 |
Directive 98/42/EC |
30 September 1998 |
Directive 1999/97/EC |
13 December 2000 |
Directive 2001/106/EC |
22 July 2003 |
Directive 2002/84/EC |
23 November 2003 |
ANNEX XVI
Directive 95/21/EC |
This Directive |
Article 1, introductory wording |
Article 1, introductory wording |
Article 1, first indent |
Article 1(a) |
Article 1, second indent |
Article 1(b) |
– |
Article 1(c) |
Article 2, introductory wording |
Article 2, introductory wording |
Article 2(1), introductory wording |
Article 2(1), introductory wording |
Article 2(1), first indent |
Article 2(1)(a) |
Article 2(1), second indent |
Article 2(1)(b) |
Article 2(1), third indent |
Article 2(1)(c) |
Article 2(1), fourth indent |
Article 2(1)(d) |
Article 2(1), fifth indent |
Article 2(1)(e) |
Article 2(1), sixth indent |
Article 2(1)(f) |
Article 2(1), seventh indent |
Article 2(1)(g) |
Article 2(1), eighth indent |
Article 2(1)(h) |
Article 2(2) |
Article 2(2) |
– |
Article 2(3) |
– |
Article 2(4) |
Article 2(3) |
Article 2(5) |
Article 2(4) |
– |
– |
Article 2(6) |
– |
Article 2(7) |
Article 2(5) |
Article 2(8) |
– |
Article 2(9) |
– |
Article 2(10) |
Article 2(6) |
Article 2(11) |
Article 2(7) |
Article 2(12) |
Article 2(8) |
Article 2(13) |
– |
Article 2(14) |
Article 2(9) |
Article 2(15) |
– |
Article 2(16) |
Article 2(10) |
Article 2(17) |
– |
Article 2(18) |
– |
Article 2(19) |
– |
Article 2(20) |
– |
Article 2(21) |
– |
Article 2(22) |
Article 3(1), first subparagraph |
Article 3(1), first subparagraph |
– |
Article 3(1), second subparagraph |
– |
Article 3(1), third subparagraph |
Article 3(1), second subparagraph |
Article 3(1), fourth subparagraph |
– |
Article 3(1), fifth subparagraph |
– |
Article 3(1), sixth subparagraph |
Article 3(2) to (4) |
Article 3(2) to (4) |
– |
Article 4(1) |
Article 4 |
Article 4(2) |
Article 5 |
– |
– |
Article 5 |
– |
Article 6 |
– |
Article 7 |
– |
Article 8 |
– |
Article 9 |
– |
Article 10 |
– |
Article 11 |
– |
Article 12 |
Article 6(1), introductory wording |
– |
– |
Article 13(1), introductory wording |
Article 6(1)(a) |
Article 13(1)(a) |
– |
Article 13(1)(b) |
Article 6(1)(b) |
Article 13(1)(c) |
Article 6(2) |
– |
– |
Article 13(2) |
Article 6(3) |
Article 13(3) |
Article 6(4) |
– |
Article 7 |
– |
Article 7a |
– |
Article 7b |
– |
– |
Article 14 |
– |
Article 15 |
– |
Article 16 |
Article 8 |
Article 17 |
– |
Article 18 |
Article 9(1) and (2) |
Article 19(1) and (2) |
Article 9(3), first sentence |
Article 19(3) |
Article 9(3), sentences 2 to 4 |
Article 19(4) |
Article 9(4) to (7) |
Article 19(5) to (8) |
– |
Article 19(9) and (10) |
Article 9a |
– |
Article 10(1) to (3) |
Article 20(1) to (3) |
– |
Article 20(4) |
Article 11(1) |
Article 21(1) |
– |
Article 21(2) |
Article 11(2) |
Article 21(3), first subparagraph |
Article 11(3), first subparagraph |
– |
Article 11(3), second subparagraph |
Article 21(3), second subparagraph |
Article 11(4) to (6) |
Article 21(4) to (6) |
Article 12(1) to (3) |
Article 22(1) to (3) |
Article 12(4) |
Article 22(4) |
– |
Article 22(5) to (7) |
Article 13(1) to (2) |
Article 23(1) and (2) |
– |
Article 23(3) to (5) |
Article 14 |
– |
Article 15 |
– |
– |
Article 24 |
– |
Article 25 |
– |
Article 26 |
– |
Article 27 |
Article 16(1) and (2) |
Article 28(1) and (2) |
Article 16(2a) |
Article 28(3) |
Article 16(3) |
Article 28(4) |
Article 17 |
Article 29 |
– |
Article 30 |
Article 18 |
Article 31 |
Article 19 |
Article 32 |
– |
Article 33 |
Article 19a |
Article 34 |
– |
Article 35 |
Article 20 |
Article 36 |
– |
Article 37 |
Article 21 |
Article 38 |
Article 22 |
Article 39 |
Annex I |
– |
– |
Annex I |
– |
Annex II |
– |
Annex III |
Annex II |
Annex IV |
Annex III |
Annex V |
Annex IV |
Annex VI |
Annex V |
Annex VII |
Annex VI |
Annex X |
Annex VII |
Annex XI |
– |
Annex XII |
Annex VIII |
Annex XIII |
Annex IX |
Annex IX |
Annex X |
Annex XIV |
Annex XI |
Annex VIII |
Annex XII |
– |
– |
Annex XV |
– |
Annex XVI |