Directive 2009/16/EC of the European Parliament and of the Council of 23 April 20... (32009L0016)
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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)
- 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
- 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
- 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
- PART B
- ANNEX XVI
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