Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009… · Lexiara

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 · European Union · 32009L0016

465 provisions in 1665 nodes · 46 provisions hand work to national law

Defined terms · All instruments · EU law · Internet · accounting · civil law · competition · confidentiality · credit · damage

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

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:

NOTIFICATION (referred to in Article 9(1))

LIST OF CERTIFICATES AND DOCUMENTS (referred to in Article 13(1))

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

PROCEDURES FOR THE CONTROL OF SHIPS (referred to in Article 15(1))

EXPANDED INSPECTIONS OF SHIPS (referred to in Article 14)

PROVISIONS CONCERNING REFUSAL OF ACCESS TO PORTS AND ANCHORAGES WITHIN THE COMMUNITY (referred to in Article 16)

INSPECTION REPORT (referred to in Article 17)

II. Information relating to inspection

III. Additional information in the event of detention

CRITERIA FOR DETENTION OF A SHIP (referred to in Article 19(3))

1. Main criteria

2. Application of main criteria

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.

MINIMUM CRITERIA FOR INSPECTORS (referred to in Article 22(1) and (5))

FUNCTIONALITIES OF THE INSPECTION DATABASE (referred to in Article 24(1))

PUBLICATION OF INFORMATION RELATED TO INSPECTIONS, DETENTIONS AND REFUSALS OF ACCESS IN PORTS AND ANCHORAGES OF MEMBER STATES (referred to in Article 26)

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: