DIRECTIVE …/…/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on port State control (recast) - General approach - Hoofdinhoud

COUNCIL OF Brussels, 13 December 2006

THE EUROPEAN UNION

16268/06

Interinstitutional File: 2005/0238 (COD) i

MAR 162 ENV 697 CODEC 1542

NOTE from: General Secretariat of the Council to. Delegations No Cion prop. 5632/06 MAR 9 ENV 40 CODEC 64 No previous doc.: 15853/06 MAR 150 ENV 643 CODEC 1403 Subject: DIRECTIVE …/…/EC OF THE EUROPEAN PARLIAMENT AND OF

THE COUNCIL on port State control (recast) - General approach

Delegations will find attached the consolidated text of the general approach reached 1 at the TTE

Council on 11 December 2006.

New text, as agreed upon at that occasion, is highlighted in bold.

______________

16268/06 KS/ay

DG C III EN

ANNEX

 95/21/EC

Proposal for a

DIRECTIVE …/…/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of […]

 2001/106/EC Art. 1 pt. 1 (adapted)

on port State control of shipping

 95/21/EC (adapted)

(Text with EEA relevance) 1

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 84(2)  80(2)  thereof,

Having regard to the proposal from the Commission 2 ,

1 The text of the draft Directive needs to be adjusted in order to take account of the new rules

on "comitology". This exercise will be carried out after reaching the general approach, in the light also of the amendments to be presented by the European Parliament at first reading.

16268/06 KS/ay 1

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Having regard to the opinion of the European Economic and Social Committee 3 ,

Having regard to the opinion of the Committee of the Regions 4 ,

Acting in accordance with the procedure laid down in Article 189c  251  of the Treaty 5 ,

Whereas:

 new

(1) 6 Council Directive 95/21/EC i of 19 June 1995 on port State control of shipping has been

substantially amended several times. Since further amendments are to be made, it should be recast in the interests of clarity.

 95/21/EC Recital 1

(2) The Community is seriously concerned about shipping casualties and pollution of the seas and coastlines of the Member States.

 95/21/EC Recital 2

(3) The Community is equally concerned about on-board living and working conditions.

3 OJ C […], […], p. […].

4 OJ C […], […], p. […].

5 OJ C […], […], p. […].

6 OJ L 157, 7.7.1995, p. 1. Directive as last amended by Directive 2002/84/EC i (OJ L 324,

29.11.2002, p. 53).

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 95/21/EC Recital 3 (adapted)

The Council, at its meeting on 25 January 1993, adopted conclusions that urged the Community and the Member States to ensure more effective application and enforcement of adequate international maritime safety and environment protection standards and to implement the new measures when adopted;

 95/21/EC Recital 4 (adapted)

In its resolution of 8 June 1993 on a common policy on safe seas 7 , the Council urged the

Commission to submit as soon as possible to the Council suggestions for specific action and formal proposals concerning criteria for the inspection of ships, including the harmonization of detention rules, and including the possibility of publication of the results of the inspections and refusal of access to Community ports;

 95/21/EC Recital 5 (adapted) Council

(4) Safety, pollution prevention and shipboard living and working conditions may be effectively enhanced through a drastic reduction of substandard ships from Community waters, […]  by strictly applying international Conventions, codes and resolutions.

7 OJ No C 271, 7. 10. 1993, p. 1.

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 95/21/EC Recital 6 (adapted) Council

(5) Monitoring the compliance of ships with the international standards for safety, pollution prevention and shipboard living and working conditions […]  lies  primarily with the flag State. Relying, as appropriate, on recognised organisations, the flag State fully guarantees the completeness and efficiency of the inspections and surveys undertaken to issue the relevant certificates. The maintenance of the condition of the ship and its

equipment after survey to confirm with the requirements of International Conventions applicable to the ship lies with the ship company.  However, there is  has been  a serious failure on the part of an increasing number of flag States to implement and enforce international standards. Henceforth , as a second line of defence against substandard shipping,  the monitoring of compliance with the international standards for safety, pollution prevention and shipboard living and working conditions has  should  also to be ensured by the port State, while recognizing that port State control inspection is not a survey and the relevant inspection forms are not seaworthiness certificates. 

 95/21/EC Recital 7

(6) A harmonised approach to the effective enforcement of these international standards by the Member States in respect of ships sailing in the waters under their jurisdiction and using

their ports will avoid distortions of competition.

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 new

(7) The shipping industry is vulnerable to acts of terrorism. Transport security measures should be implemented effectively and Member States should vigorously monitor

compliance with the security rules by carrying out security checks.

 95/21/EC Recital 8 (adapted)

A framework in Community law for harmonizing inspection procedures is fundamental to ensuring the homogeneous application of the principles of shipping safety and prevention of pollution which lie at the heart of Community transport and environment policies;

 95/21/EC Recital 10 (adapted)

The adoption of a Council Directive is the appropriate procedure for laying down the legal framework and the harmonized rules and criteria for port State control.

 95/21/EC Recital 11 (adapted)

(8) Advantage should be taken of the experience gained during the operation of the Paris

Memorandum of Understanding (MoU) on Port State Control (PSC), signed in Paris on 26 January 1982.

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 new Council

(9) The European Maritime Safety Agency (EMSA) established by Regulation (EC)

No 1406/2002 of the European Parliament and of the Council, 8 should provide the

necessary support to ensure the convergent and effective implementation of the port State control system. EMSA should in particular contribute to the development and implementation of the inspection database set up in accordance with this Directive and  of a harmonised Community scheme for the […]  training and assessment of competences  of port State control inspectors by the Member States  .

 95/21/EC Recital 12 (adapted) Council

(10) […] 

8 OJ L 208, 5.8.2002, p. 1. Regulation as last amended by Regulation (EC) No 724/2004 i (OJ L

129, 29.4.2004, p. 1).

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 new Council

(11) An efficient port State control regime should […]  seek to ensure that all ships calling at a port within the European Union are regularly inspected […] . Inspection should

concentrate on substandard ships, while quality ships, meaning those which have satisfactory inspection records or which fly the flag of a State complying with the IMO Member State Audit Scheme, should be rewarded by undergoing less frequent inspections. Such new inspection arrangements should be incorporated into the Community’s port State control regime as soon as its various aspects have been defined and on the basis of an inspection-sharing scheme whereby each Member State contributes fairly to the achievement of the Community objective of a comprehensive inspection scheme.

 Moreover, Member States should recruit and retain the requisite number of staff, including qualified inspectors, taking into account the volume and characteristics of shipping traffic at each port .

 (11a) The inspection regime set up in this Directive takes into account the work done by the Paris MoU. Since any developments arising from the Paris MoU should be agreed at Community level before being made applicable within the EU, a close coordination should be

established and maintained between the Community and the Paris MoU in order to facilitate as much convergence as possible. 

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 (11b) The Commission will manage and update the inspection database, in close collaboration with the Paris MoU. The inspection database will incorporate inspection data of the

Member States and all States Parties to the Paris MoU. As long as the Community maritime information system, SafeSeaNet, is not fully operational and does not allow for an automatic record of the data concerning ships' calls in the inspection database, Member States will provide the Commission with the information needed to ensure a proper monitoring of the Directive, in particular concerning the ships' movements.

On the basis of the inspection data provided by the Member States, the Commission will retrieve data from the inspection database on the risk profile of the ships, on ships due for inspections, on ships' movement data and will calculate the inspection commitments for each Member State.

The inspection database should also be capable to interface with other Community maritime safety databases.

(11c) The Member States should endeavour to review the method of calculating the white/grey/black list of flag States in the framework of the Paris MoU in order to ensure its fairness and in particular its treatment of flag States with small fleets. 

 95/21/EC Recital 13 (adapted)

Further efforts should be made to develop a better targeting system.

 95/21/EC Recital 14 (adapted)

(12) The rules and procedures for port-State inspections, including criteria for the detention of ships, must  should  be harmonised to ensure consistent effectiveness in all ports,

which would also drastically reduce the selective use of certain ports of destination to avoid the net of proper control.

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 new Council

 (12a) Ships calling at Community ports are subject to periodic and additional inspections that include an examination of pre-identified areas for each ship which will vary according to the type of the ship, the type of inspection and the findings of previous port State control inspections. The inspection database will indicate the elements to identify the risk areas to be checked at each inspection. 

 (12b) Under the inspection regime set up by this Directive the intervals between periodic inspections on ships depend on their risk profile that is determined by certain generic and historic parameters. For high risk ships this interval shall not exceed 6 months.

(13) Certain categories of ships present a major accident or pollution hazard when they reach a given age and should therefore be subject to an expanded inspection; the details of such

expanded inspection need to be laid down.

(13a) In order to provide the competent port state control authorities with information on ships in ports, port authorities or the authorities or bodies designated for that purpose should

forward notifications on ships' arrivals, on receipt to the extent possible, notably depending

on their capacity to maintain sufficient resources outside normal opening hours of their

offices.

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 95/21/EC Recital 15 (adapted)

The casualty, detention and deficiency statistics published in the Commission's communication entitled «A common policy on safe seas» and in the annual report of the MoU show that certain categories of ships need to be subject to an expanded inspection.

 2001/106/EC Recital 4 (adapted) Council

(14) Some ships pose a manifest risk to maritime safety and the marine environment because of their poor condition, flag performance  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. […]  It is therefore legitimate for the Community to dissuade those ships from entering the ports of Member States. The refusal of access should be proportionate and could result in an indefinite refusal of access if the operator of the ship persistently fails to take corrective action in spite of several refusals of access and detentions in ports within the Community. This indefinite refusal of access may only be lifted if a number of conditions designed to ensure that the ship concerned  can be operated safely in Community waters , in particular relating to the flag State of the ship and the managing company, are fulfilled  . […]  In the interests of transparency, the list of ships refused access to […]  ports within the Community  should be made public.

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 new Council

(15) […]  In view of reducing the burden placed on certain administrations and companies by repetitive inspections, surveys carried out on ro-ro ferries or high-speed passenger craft under Council Directive 1999/35/EC i by a host State which is not the flag State of the vessel and which include at least all the items of an expanded inspection shall be taken into account when calculating the ship risk profile, the intervals between inspections and the fulfilment of the inspection commitment of each Member State. In addition, the Commission should examine whether it is appropriate to propose in the future a modification of Directive 1999/35/EC i in view of enhancing the level of safety required for the operation of ro-ro ferries and high-speed passenger craft to and from ports of Member States. 

 95/21/EC Recital 16 (adapted)

(16) Non-compliance with the provisions of the relevant Conventions must be rectified. Ships which are required to take  need to be the subject of  corrective action must, where the  observed  deficiencies in compliance are clearly hazardous to safety, health or the environment, be detained until such time as the non-compliance has shortcomings have  been rectified.

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 95/21/EC Recital 17

(17) A right of appeal should be made available against decisions for detention taken by the competent authorities, in order to prevent unreasonable decisions which are liable to cause undue detention and delay.

 95/21/EC Recital 18 (adapted)

The facilities in the port of inspection may be such that the competent authority will be obliged to authorize the ship to proceed to an appropriate repair yard, provided that the conditions for the transfer are complied with. Non-complying ships would continue to pose a threat to safety, health or the environment and to enjoy commercial advantages by not being upgraded in accordance with the relevant provisions of the Conventions and should therefore be refused access to all ports in the Community.

 95/21/EC Recital 19 (adapted)

There are circumstances where a ship which has been refused access to ports within the Community has to be granted permission to enter. Under such circumstances the ship should only be permitted access to a specific port if all precautions are taken to ensure it safe entry.

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 95/21/EC Recital 20 (adapted)

Given the complexity of the requirements of the Conventions as regards a ship's construction, equipment and manning, the severe consequences of the decisions taken by the inspectors, and the necessity for the inspectors to take completely impartial decisions, inspections must be carried out only by inspectors who are duly authorized public service employees or other such persons, and highly knowledgeable and experienced.

 new Council

(18) Authorities and inspectors involved in port State control activities should have no conflict of interests, whether with the port of inspection or with the ships inspected and related

interests. Inspectors should be adequately qualified and should receive appropriate training so as to maintain and improve their competence in the conduct of inspections. Member States should cooperate in developing and promoting a harmonised Community scheme for the […]  training and assessment of competences  of inspectors.

 95/21/EC Recital 21 (adapted) Council

(19) Pilots and port authorities or bodies  may  should  be able  enabled  to provide useful information on  […]  apparent anomalies  found on board

ships  the deficiencies of such ships and crews.

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 new

(20) Complaints regarding living and working conditions on board should be investigated. Any person lodging a complaint should be informed of the follow-up action given to that

complaint.

 95/21/EC Recital 22

(21) Cooperation between the competent authorities of the Member States and other authorities or organizations is necessary to ensure an effective follow-up with regard to ships with

deficiencies which have been permitted to proceed and for the exchange of information about ships in port.

 95/21/EC Recital 23 (adapted) new

(22) Since the inspection database is an essential part of port State control, Member States should ensure that it is updated in the light of Community requirements.  The

information system called Sirenac E established under the MoU provides a large amount of

the additional information needed for the application of this Directive.

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 95/21/EC Recital 24 (adapted) Council

(23) Publication of information concerning ships  and their operators or companies  which do not comply with international standards on safety, health and protection of the marine environment, may be an effective deterrent discouraging shippers  from

using  to use such ships, and an incentive to their owners to take corrective action without being compelled to do so. With regard to the information to be made available, the Commission should establish a close collaboration with the Paris MoU and take account of any information published in order to avoid unnecessary duplication. Member States should have to provide the relevant information only once. 

 95/21/EC Recital 25 (adapted)

(24) All costs of inspecting ships which warrant detention , and those incurred in lifting a refusal of access,  should be borne by the owner or the operator.

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 95/21/EC Recital 26 (adapted)

For the purposes of implementing this Directive use should be made of the Committee set up pursuant to Article 12 of Council Directive 93/75/EEC i of 13 September 1993 concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting

goods 9 in order to assist the Commission with the task of adapting Member States' inspection

obligations on the basis of experience gained, taking into account developments in the MoU, and also adopting the Annexes as necessary in the light of amendments to the Conventions, Protocols, codes and resolutions of relevant international bodies and to the MoU.

 2001/106/EC Recital 18 (adapted)

(25) The measures necessary for the implementation of  this  Directive 95/21/EC i should be adopted in accordance with Council Decision 1999/468/EC i of 28 June 1999 laying

down the procedures for the exercise of implementing powers conferred on the

Commission 10 .

9 OJ No L 247, 5.10.1993, p. 19.

10 OJ L 184, 17.7.1999, p. 23. Decision amended by Decision 2006/512/EC i (OJ L 200,

22.7.2006, p.11).

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 new Council

(26) Since the objectives of the action to be taken, namely to reduce substandard shipping in […]  waters under Member States' jurisdiction  through improvement of the

Community’s inspection system for seagoing ships and the development of the means of taking preventive action in the field of pollution of the seas cannot be sufficiently achieved by the Member States and may, therefore, on account of their scale and their effects, be better achieved at Community level, the Community can take measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary to achieve those objectives.

(27) The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive change as compared with the earlier Directive. The obligation to transpose the provisions which are unchanged arises under the earlier Directive.

(28) This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in

Annex XVII, Part B.

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 (29) In accordance with paragraph 34 of the Interinstitutional Agreement on better law-making, Member States are encouraged to draw up, for themselves and in the interest of the

Community, their own tables, which will, as far as possible, illustrate the correlation between this Directive and their transposition measures, and to make those tables public. 

 (29a) In order not to impose a disproportionate administrative burden on landlocked Member States, a de minimis rule should allow such Member States to derogate from the provisions of this Directive, which means that such Member States, as long as they meet the criteria referred to in Article 3 (1), are not obliged to transpose this Directive. 

 (29b) In order to take into account that the French overseas departments belong to a different geographical area, are to a large extent Parties to other regional port State control

memoranda than the Paris MoU and have very limited traffic flows with mainland Europe, the Member State concerned should be allowed to exclude those ports from the port State control system applied within the Community. 

 95/21/EC (adapted) new Council

HAVE ADOPTED THIS DIRECTIVE:

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Article 1

Purpose

The purpose of this Directive is to help drastically to reduce  drastically  substandard shipping in the waters under the jurisdiction of Member States, by:

(a) increasing compliance with international and relevant Community legislation on maritime safety, maritime security,  protection of the marine environment and living and

working conditions on board ships of all flags,;

(b) establishing common criteria for control of ships by the port State and harmonizing procedures on inspection and detention, taking proper account building upon the expertise and experience within the Paris MoU.  of the commitments made by the maritime authorities of the Member States under the Paris Memorandum of Understanding on Port State Control (MoU).

 (c) implementing within the Community a […]  port State control system based on the inspections performed within the Community and the Paris MoU region, aiming at the

inspection of all ships with a frequency depending on their risk profile, with ships posing a higher risk being subject to a deeper inspection carried out at more frequent intervals.

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Article 2

Definitions

 95/21/EC (adapted)

For the purpose of this Directive including its Annexes:

 2001/106/EC Art. 1 pt. 2 (adapted)

• 1. 

  “Conventions” means  the following Conventions, together with the Protocols and amendments thereto and related codes of mandatory status, in their up-to-date version :

   2001/106/EC Art. 1 pt. 2

  (a) the International Convention on Load Lines, 1966 (LL 66),;

(b) the International Convention for the Safety of Life at Sea, 1974 (SOLAS 74),;

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

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

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

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(f) the International Convention on Tonnage Measurement of Ships, 1969 (ITC 69),;

(g) the Merchant Shipping (Minimum Standards) Convention, 1976 (ILO No 147),;

(h) the International Convention on Civil Liability for Oil Pollution Damage, 1992 (CLC 92),.

 2001/106/EC Art. 1 pt. 2 (adapted)

1 2002/84/EC Art. 4 pt. 1(a)

together with the Protocols and amendments to these Conventions and related codes of mandatory status, 1 in its up-to-date version .

 2001/106/EC Art. 1 point 2 (adapted)

1 2002/84/EC Art. 4 pt. 1(b)

 Council

• 2. 

  “ Paris  MoU” means the Memorandum of Understanding on Port State Control, signed in Paris on 26 January 1982, in its up-to-date version .

 2a. "Paris MoU region" means the area where the States parties to the Paris MoU perform inspections in accordance with the Paris MoU.

2b. "Framework and procedures for the Voluntary IMO Member State Audit Scheme" means the Resolution of the IMO Assembly A.974(24). 

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 95/21/EC Council

• 3. 

  “Ship” means any seagoing vessel to which one or more of the Conventions apply, flying a flag other than that of the port State.

• 4. 

  […] 

   new Council

• 5. 

  […] 

 5a. "Ship/port interface" means the interactions that occur when a ship is directly and immediately affected by actions involving the movement of persons or goods or the provision of port services to or from the ship. 

 5b. "Ship at anchor" means a ship in a port or another area within the jurisdiction of a port, but not at berth, carrying out a ship/port interface.

 95/21/EC

• 6. 

  “Inspector” means a public-sector employee or other person, duly authorised by the competent authority of a Member State to carry out port-State control inspections, and responsible to that competent authority.

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 new Council

• 7. 

  “Competent authority” means a maritime authority responsible for port State control in accordance with this Directive.

• 8. 

  “Competent authority for maritime security” means a competent authority for maritime security as defined in Article 2, point 7 of Regulation (EC) No 725/2004 i of the European

  Parliament and of the Council 11 .

 8a. "Night time" means any period of not less than seven hours, as defined by national law, and which must include, in any case, the period between midnight and 5.00. 

 95/21/EC (adapted) new Council

• 9. 

  “ Initial  inspection” means a visit on board a ship by an inspector, in order to check the […]  compliance with the relevant Conventions and regulations and

  including at least the checks required by Article 7 (1)  in order to check both the validity of the relevant certificates and other documents and the condition of the ship, its equipment and crew, as well as the living and working conditions of the crew.

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• 10. 

  “More detailed inspection” means an inspection where the ship, its equipment and crew as a whole or, as appropriate, parts thereof are subjected, in the circumstances specified in

  Article  7 (3)  6 (3), to an in-depth  examination  inspection covering the ship's construction, equipment, manning, living and working conditions and compliance with onboard operational procedures.

• 11. 

  “Expanded inspection” means an inspection whose scope includes as a minimum the items listed in Annex VIII […] . An expanded inspection may include a more detailed inspection whenever there are clear grounds in accordance with Article 7 (3)  .as

  specified in Article 7.

   new Council

• 12. 

  “Complaint” means any information or report submitted by […]  any […]  person with […]  a legitimate  interest in the safety of the ship, including an interest in safety or health hazards to its crew, shipboard living and working conditions and the prevention of pollution.

   95/21/EC

• 13. 

  “Detention” means the formal prohibition of a ship to proceed to sea due to established deficiencies which, individually or together, make the ship unseaworthy.

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 new Council

• 14. 

  “Refusal of access order” means a […]  decision  issued to the master of a ship […] , to the company responsible for the ship and to the flag State  notifying

  them that the ship will be refused access to ports of the Community.

   95/21/EC

• 15. 

  “Stoppage of an operation” means a formal prohibition of a ship to continue an operation due to established deficiencies which, individually or together, would render the continued operation hazardous.

   new Council

• 16. 

  “Company” means the […]  owner of the ship or any other organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the owner of the ship and who, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Safety Management (“ISM”) Code.

• 17. 

  “Recognised Organisation” means a classification society or other private body, carrying out statutory tasks on behalf of a flag State administration.

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• 18. 

  “Statutory certificate” means a certificate issued by or on behalf of a flag State in accordance with international Conventions.

• 19. 

  “ […]  Classification  certificate” means a document issued confirming

  compliance with SOLAS Chapter II-1, Part A-1, Regulation 3-1  […] .

• 20. 

  “Inspection database” means the […]  information system […]  concerning the port state control data within the Community and the Paris MoU region .

   95/21/EC (adapted) new Council

Article 3

Scope

• 1. 

  This Directive applies to any ship and its crew calling at a port […]  of a Member State to carry out a ship/port interface.

Where in this Directive reference is made to ships calling at ports, except specified otherwise, it also applies to ships at anchor as referred to in Article 2(5b).

France may decide that the ports referred to in this paragraph do not include the ports in the overseas department referred to in Article 299(2) of the Treaty.  . 

(a) calling at a port of a Member State or at an off-shore installation,; or

(b) anchored off such a port or such an installation.

 […] 

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 If a Member State performs an inspection of a ship in waters within its jurisdiction other than at a port, it shall be considered as an inspection for the purposes of this Directive. 

Nothing in this Article shall affect the rights of intervention available to a Member State under the relevant international Conventions.

  Member States which do not have seaports and which can verify that of the total number of individual vessels calling annually over a period of the three previous years at their river ports, less than 5 % are […]  ships falling under the scope of this Directive, may derogate from the provisions of this Directive.

They shall communicate to the Commission at the latest on the date of transposition of the Directive the total number of vessels and the number of ships calling to their ports during the three-year period referred to above and shall inform the Commission of any subsequent change to the abovementioned figures.

• 2. 

  In the case of ships of a gross tonnage below 500, Member States shall apply those requirements of a relevant Convention which are applicable and shall, to the extent that a

Convention does not apply, take such action as may be necessary to ensure that the ships concerned are not clearly hazardous to safety, health or the environment. In their application of this paragraph, Member States shall be guided by Annex 1 to the  Paris  MoU.

• 3. 

  When inspecting a ship flying the flag of a State which is not a party to a Convention,

Member States shall ensure that the treatment given to such ship and its crew is no more favourable than that given to a ship flying the flag of a State which is a party to that Convention.

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• 4. 

  Fishing vessels, ships of war, naval auxiliaries, wooden ships of a primitive build, government ships used for non-commercial purposes and pleasure yachts not engaged in trade shall be excluded from the scope of this Directive.

   2001/106/EC Art. 1 pt. 3 (adapted) Council

Article 4

    […]     

 Inspection powers 

Inspection body

 new

• 1. 

  Member States shall take all necessary measures in order to be legally entitled to carry out on board foreign ships the inspections referred to in this Directive in accordance with international law.

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 2001/106/EC Art. 1 pt. 3 new Council

• 2. 

  Member States shall maintain appropriate national maritime administrations with the requisite number of staff, in particular qualified inspectors, hereinafter called competent authorities

  with the requisite number of staff, in particular qualified inspectors,  for the inspection of ships and shall take whatever measures are appropriate to ensure that […]  they  perform their duties as laid down in this Directive […]  and in particular that they are available for carrying out the inspections required in accordance with this Directive .

 […] 

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 95/21/EC Council

Article 5

Inspection […]  regime and annual inspection commitment

 new Council

• 1. 

  […]  Member States shall carry out inspections in accordance with the selection scheme described in Article 6c and the provisions in Annex II .

• 2. 

  […]  In order to comply with its annual inspection commitment, each Member State shall

• a) 

  inspect all Priority I ships, as referred to in Article 6c (a), calling at its ports, and

• b) 

  carry out annually a total number of inspections of Priority I and Priority II ships, as referred to in Article 6c(a) and (b), corresponding at least to its share of the total number of inspections to be carried out annually within the Community and the Paris MoU region. The inspection share of each Member State shall be based on the number of individual ships calling at ports of the Member State concerned in relation to the sum of the number of individual ships calling at the ports of each State within the Community and the Paris MoU region.

• 3. 

  In view of calculating the share of the total number of inspections to be carried out annually within the Community and the Paris MoU region referred to in paragraph 2b, ships at anchor shall not be counted unless otherwise specified by the Member State concerned. 

ANNEX DG C III EN

 2001/106/EC Art. 1 point 4 (adapted) Council

 3.  1. […] 

 new Council

• 4. 

  […] 

   2001/106/EC Art. 1 point 4

• 2. 

  (a) The competent authority shall, subject to the provisions 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 system, provided that a period of at least one month has elapsed since the last inspection carried out in a port in the MoU region.

(b) In selecting other ships for inspection, the competent authorities shall determine the order of priority as follows:

– 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.

ANNEX DG C III EN

• 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).

 95/21/EC Council

• 4. 

  The provisions of paragraph 3 shall not apply to any of the operational controls specifically provided for in the Conventions.

• 5. 

  The Member States and the Commission shall cooperate in seeking to develop priorities and practices which will enable ships likely to be defective to be targeted more effectively.

Any consequent amendment of this Article, except to the figure of 25% in paragraph 1, shall be made under the provisions of Article 19.

ANNEX DG C III EN

 Article 5a

Modalities of the compliance with the inspection commitment

• 1. 

  A Member State which fails to carry out the inspections required in Article 5 paragraph 2.a), complies with its commitment in accordance with Article 5 paragraph 2.a) if […]  such missed inspections do not exceed […] 

• a) 

  5% of the total number of Priority I ships with a high risk profile calling at its ports,

• b) 

  10% of the total number of Priority I ships other than those with a high risk profile calling at its ports.

Notwithstanding the percentages in a) and b) Member States shall however be committed to prioritise inspection of ships, which according to the information provided by the inspection database call ports within the Community infrequently.

• 2. 

  A Member State, in which the total number of calls of Priority I ships exceeds its inspection share referred to in Article 5 paragraph 2.b), complies with such commitment, if it carries out a number of inspections on Priority I ships corresponding at least to such inspection share and if it does not miss more than 30% of the total number of Priority I ships calling at its ports.

• 3. 

  A Member State, in which the total number of calls of Priority I and Priority II ships is inferior to inspection share referred to in Article 5 paragraph 2.b), complies with such commitment, if it carries out the inspections of Priority I ships required under Article 5 paragraph 2.a) and inspections on at least 85% of the total number of Priority II ships calling at its ports.

ANNEX DG C III EN

Article 5b

Cases in which certain ships are not inspected

• 1. 

  In the following circumstances, a Member State may decide to postpone the inspection of a Priority I ship:

  (i) If the inspection may be carried out at the next call of the ship in the same Member State, provided that the ship does not call at any other port in the Community or the Paris MoU region in between and the postponement is not more than 15 days, or

  (ii) If the inspection may be carried out in another port of call within the Community or the Paris MoU region within 15 days, provided the State, in which such port of call is

  located, has agreed in advance to perform the inspection.

  If an inspection is postponed in accordance with (i) or (ii) and recorded in the inspection database, a missed inspection shall not be counted as a missed inspection against the Member State, which postponed the inspection.

• 2. 

  Under the following exceptional circumstances an inspection not performed on Priority I ships for operational reasons is not counted as a missed inspection, provided that the reason for missing the inspection is recorded in the inspection data base, if:

  (i) in the judgement of the competent authority the conduct of the inspection would create a risk to the safety of inspectors, the ship, its crew or to the port, or to the marine

  environment, or

  (ii) the ship call takes place only during night time. Member States shall however take the necessary measures to ensure that ships which call regularly during night time may be inspected as appropriate.

ANNEX DG C III EN

• 3. 

  If an inspection is not performed on a ship at anchor, it shall not be counted as a missed inspection provided that, in the case of subparagraphs (ii) and (iii), the reason for missing the inspection is recorded in the inspection data base, if:

  (i) the ship is inspected in another port within the Community or the Paris MoU region in accordance with Annex II within 15 days, or

  (ii) the ship call takes place only during night time or its duration is too short for the inspection to be carried out satisfactorily, or

  (iii) in the judgement of the competent authority the conduct of the inspection would create a risk to the safety of inspectors, the ship, its crew or to the port, or to the marine

  environment.

• 4. 

  The Commission may adopt, in accordance with the procedure laid down in Article 24, the rules for the implementation of this Article. 

   new Council

Article 6

Notification of arrival of ships

 1.  The operator, agent or master of a ship eligible for an expanded inspection in accordance with Article 8 bound for a port of a Member State  […]  shall notify its arrival in accordance with the provisions laid down in  […] Annex III.

ANNEX DG C III EN

 2. On receipt of the notification referred to in paragraph 1 and in Article 4 of Directive 2002/59/EC i, the port authority or body or the authority or body designated for that purpose shall forward such information to the competent authority.

• 3. 

  In respect of any communication provided for in this Article, electronic means shall be used whenever possible.

• 4. 

  The procedures and formats developed by the Member States for the purposes of Annex III shall comply with the relevant provisions laid down in Directive 2002/59/EC i regarding ships’ notifications. 

  Article 6a

Ship risk profile

• 1. 

  All ships in the inspection data base shall be attributed a ship risk profile which determines their respective priority for inspection, the intervals between the inspections and the scope of inspections.

• 2. 

  The risk profile of a ship is determined by a combination of generic and historic risk parameters as follows:

  (a) Generic parameters

  Generic parameters are based on the type, age, flag, involved recognised organisations and company performance in accordance with Annex II part I.A and Annex IIa.

  (b) Historic parameters

  Historic parameters are based on the number of deficiencies and detentions during a given period in accordance with Annex II part I.B and Annex IIa.

ANNEX DG C III EN

• 3. 

  The Commission shall adopt, in accordance with the procedure laid down in Article 24 and building upon the expertise of the Paris MoU, the rules for the implementation of this Article, concerning in particular

  (a) the flag State criteria;

  (b) the company performance criteria.

  In view of implementing point (a) above, the submission of a Flag State Performance Self-Assessment Form (SAF) shall be used at least until 1 January 2011 as an alternative criterion to the Voluntary IMO Member States Audit Scheme.

  Six months before that date the Commission shall examine the progress made in IMO on the implementation of the audit scheme and propose, in accordance with the procedure laid down in Article 24, the appropriate measures for the implementation of this criterion, including an extension of the period for the submission of the IMO-SAF if necessary. 

 Article 6b

Frequency of inspections

• 1. 

  Ships calling at ports within the Community are subject to periodic inspections or to additional inspections as follows:

  • a) 

    Ships shall be subject to periodic inspections at predetermined intervals depending on their risk profile in accordance with Annex II part I. The interval between periodic

    inspections of ships shall increase as the risk decreases.

ANNEX DG C III EN

• b) 

  Ships are subject to additional inspections regardless of the period since their last periodic inspection as follows:

  – The competent authority shall ensure that ships to which overriding factors listed in

  Annex II part II 2A apply are inspected.

  – Ships to which unexpected factors listed in Annex II part II 2B apply may be

  inspected. The decision to undertake such an additional inspection is left to the professional judgement of the competent authority. 

 Article 6c

Selection of ships for inspection

The competent authority shall ensure that ships are selected for inspection on the basis of their risk profile as described in Annex II part I and when overriding or unexpected factors arise in accordance with Annex II part II 2A and 2B.

In view of the inspection of ships, the competent authority:

(a) shall select ships which are due for a mandatory inspection, referred to as "Priority I" ships, in accordance with the selection scheme described in Annex II part II 3A,

(b) may select ships which are eligible for inspection, referred to as "Priority II" ships, in accordance with Annex II part II 3B. 

ANNEX DG C III EN

 95/21/EC (adapted) new Council

Article  7  6

 […] 

 Initial and more detailed inspections

 Member States shall ensure that ships which are selected for inspection in accordance with Article 6c are subject to an initial inspection or a more detailed inspection as follows: 

• 1. 

  On each initial inspection of a ship, the competent authority shall ensure that the inspector shall as a minimum:

  (a) check the certificates and documents listed in Annex  IV  required to be kept on board in accordance with Community maritime […]  legislation and international

  Conventions relating to safety and security , […] , to the extent applicable;

   (b) verify, where appropriate, whether outstanding deficiencies from the previous inspection carried out by a Member State or by a State signatory to the Paris MoU have been rectified; 

   (c) (b) satisfy himself of the overall condition of the ship,  including the hygiene of the ship , including the engine room and accommodation. and including hygienic

  conditions.

ANNEX DG C III EN

 new Council

• 2. 

  […] . When after an inspection referred to in paragraph 1 deficiencies to be rectified at the next port of call have been recorded in the inspection database, the competent authority of such next port may decide not to carry out the verifications referred to in paragraph 1(a)

  and (c). 

   95/21/EC (adapted) Council

 C.3.  2. […] 

 […]  3. A more detailed inspection shall be carried out , including further checking of compliance with on-board operational requirements,  whenever there are clear grounds for believing, after the inspection referred to in paragraph 1 […]  that the condition of a ship or of its equipment or crew does not substantially meet the relevant requirements of a Convention […] .

“Clear grounds” exist when the inspector finds evidence which in his professional judgement warrants a more detailed inspection of the ship, its equipment or its crew.

Examples of “«clear grounds» “ are set out in Annex  V […]   III.

 5.  4. […] 

ANNEX DG C III EN

 2001/106/EC Art. 1 pt. 5 (adapted) Council

Article  8  7

Mandatory Expanded inspection […] 

 […] 

 1. The following categories of ships are eligible to an expanded inspection in accordance with Annex II part II 3A and 3B:

– Ships with a high-risk profile,

– Passenger ships, oil tankers, gas or chemical tankers or bulk carriers, older than 12 years of age,

– Ships with a high risk profile or passenger ships, oil tankers, gas or chemical tankers or bulk carriers, older than 12 years of age, in a case of overriding or unexpected factors,

– Ships subject to a re-inspection following a refusal of access order issued in accordance with Article 10.

• 2. 

  On reception of a pre-notification provided by a ship eligible for a periodic expanded inspection, the competent authority shall inform the ship if no expanded inspection will be carried out.

The operator or master of the ship shall ensure that sufficient time is available in the operating schedule to allow the expanded inspection to be carried out.

ANNEX DG C III EN

Without prejudice to control measures required for security purposes the ship shall remain in the port until the inspection is completed.

• 3. 

  The scope of an expanded inspection, including the risk areas to be covered, is set out in

Annex VIII. The Commission shall adopt in accordance with the procedures laid down in

Article 24, measures for the implementation of Annex VIII. 

 2001/106/EC Art. 1 pt. 6 (adapted) Council

Article  9  7a

 […] 

  Safety and security guidelines and procedures

• 1. 

  Member States shall ensure that […]  their inspectors follow the procedures and guidelines specified in Annex VI.

• 2. 

  As far as security checks are concerned, Member States shall apply the relevant procedures set out in Annex VI to all ships referred to in Articles 3(1), 3(2) and 3(3) of Regulation (EC) No. 725/2004 i, calling at their ports, as long as they do not fly the flag of the port state of

  inspection.

• 3. 

  The provisions of Article 8 concerning expanded inspections shall apply to ro-ro ferries and to high-speed passenger craft as referred to in Article 2 a) and b) of

  Directive 1999/35/EC i.

ANNEX DG C III EN

When a ship has been surveyed in accordance with Articles 6 and 8 of Directive 1999/35/EC i by a host State which is not the flag State of the ship, such specific survey shall be recorded as a more detailed or an expanded inspection, as relevant, in the inspection database and taken into account for the purposes of Articles 6a, 6b and 6c and for calculating the fulfilment of the

inspection commitment of each Member State in as much as all the items referred to in Annex VIII are covered.

Without prejudice to a prevention of operation of a ro-ro ferry or a high-speed passenger craft decided in accordance with Article 10 of Directive 1999/35/EC i, the provisions of this

Directive concerning rectification of deficiencies, detention, refusal of access, follow-up to inspections, detentions and refusal of access, as appropriate, shall apply.

• 4. 

  If necessary, the Commission may adopt, in accordance with the procedure laid down in

  Article 24, the rules for the harmonised implementation of paragraph 1 and 2.

   2001/106/EC Art. 1 pt. 7 (adapted) new Council

Article  10  7b

Access refusal measures concerning certain ships

• 1. 

  A Member State shall ensure that any  a ship […]  which

– flies the flag of a State whose detention rate falls into the black list, […]  adopted in accordance with the Paris MoU on basis of information recorded in the inspection database and as published annually by the Commission, and has been detained more than twice in the course of the preceding 36 months in a port of a Member State or of a State signatory of the Paris MoU; or

ANNEX DG C III EN

– flies the flag of a State whose detention rate falls into the grey list, adopted in accordance with the Paris MOU on basis of information recorded in the inspection database and as published annually by the Commission, and has been detained more than twice in the course of the preceding 24 months in a port of a Member State or of a State signatory of the Paris MoU; or

– has been […] issued with a prevention of operation order under Council Directive

99/35/EC more than twice in the course of the preceding 36 months in a port of a Member State or of a State signatory of the Paris MoU,

is refused access to its ports, except in the situations described in Article 15(6). 

 […] 

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,

or

– 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.

ANNEX DG C III EN

 2001/106/EC Art. 1 pt. 7 (adapted) new Council

The refusal of access shall become applicable immediately  as soon as  the ship has left the port […]  been authorised to leave the port where it has been the subject of a second or third detention and where a refusal of access order has been issued  as appropriate.

 2. The refusal of access order shall be lifted only after a period of three months has passed from the date of issue of the order and when the conditions in paragraphs 3 to 9 of Annex IX are met.

If the ship is subject to a second refusal of access, the period shall be of twelve months.

• 3. 

  Any subsequent detention in a port within the Community shall result in the ship being indefinitely refused access in any port within the Community. The indefinite refusal of access order may be lifted after a period of 36 months has passed from the issue of the order and only if :

– the ship flies the flag of a State whose detention rate falls not into the black list or grey list referred to in paragraph 1,

• - 

  the statutory and classification certificates of the ship have been issued by a organisation or organisations recognized under the terms of Council Directive 94/57/EC i,

– the ship is managed by a company with a high performance according to Annex II part I.A, and – the conditions in paragraphs 3 to 9 of Annex IX are met. 

ANNEX DG C III EN

• 4. 

  For the purpose of […]  this Article  , Member States shall comply with the procedures laid down in Annex IX, XI, section […] 

• 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.

   2001/106/EC Art. 1 pt. 8 (adapted)

Article  11  8

Report of inspection to the master

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

 new Council

Article 12

Complaints

 […]  All complaints […]  as referred to in Article 2.12  shall be […]  the subject of an initial […]  assessment. 

When the competent authority deems the complaint to be manifestly unfounded, it shall inform the complainant of its decision and of the reasons for it.

ANNEX DG C III EN

The identity of the person lodging the complaint shall not be revealed to the master or the shipowner of the ship concerned. The inspector shall ensure confidentiality during any interviews of crew members.

Member States shall inform the flag State administration, with a copy to the International Labour

Organization (ILO) if appropriate, of complaints not manifestly unfounded and of follow-up actions taken.

 95/21/EC (adapted)

Article  13  9

Rectification and detention

 2001/106/EC Art. 1 pt. 9(a) (adapted)

• 1. 

  The competent authority shall be satisfied that any deficiencies confirmed or revealed by the inspection referred to in Article 5(2) and Article 7 are or will be rectified in accordance with the Conventions.

ANNEX DG C III EN

 95/21/EC

• 2. 

  In the case of deficiencies which are clearly hazardous to safety, health or the environment, the competent authority of the port State where the ship is being inspected shall ensure that the ship is detained, or the operation in the course of which the deficiencies have been revealed is stopped. The detention order or stoppage of an operation shall not be lifted until the hazard is removed or until such authority establishes that the ship can, subject to any necessary conditions, proceed to sea or the operation be resumed without risk to the safety and health of passengers or crew, or risk to other ships, or without there being an unreasonable threat of harm to the marine environment.

   new Council

• 3. 

  […] 

   2001/106/EC Art. 1 pt. 9(b) (adapted) new Council

 4.  3. When exercising his professional judgement as to whether or not a ship should be detained, the inspector shall apply the criteria set out in Annex  XI  VI.

ANNEX DG C III EN

 4a.  […]   If the inspection reveals that the ship is  the ship shall be detained, if not equipped with a functioning voyage data recorder system, when its use is compulsory in accordance

12

with Directive 2002/59/EC i of the European Parliament and of the Council Annex XII,

 the competent authority shall ensure that the ship is detained  .

If […]  such deficiency  this deficiency cannot be readily rectified in the port of detention, the competent authority may allow the ship to proceed […]  to the nearest

 […]  appropriate  repair yard to the port of detention where it nearest appropriate port where it shall  may  be readily rectified or  it may  require that the […] 

 deficiency  be deficiency is rectified within a maximum period of 30 days , […]  as provided for in  the guidelines developed by the Paris MoU  . For these purposes, the

procedures laid down in Article  15  11 shall apply.

 95/21/EC (adapted)

 5.  4. In exceptional circumstances, where the overall condition of a ship is obviously substandard, the competent authority may suspend the inspection of that ship until the responsible parties have taken the steps necessary to ensure that it complies with the relevant requirements of the Conventions.

16268/06 KS/ay 49

ANNEX DG C III EN

 2001/106/EC Art. 1 pt. 9(c) (adapted) Council

 6.  5. In  the event of  the event that the inspections referred to in Article 5(2) and

Article 7 give rise to detention, the competent authority shall immediately inform, in writing and including the report of inspection, the  flag State  administration of the State whose flag the ship is entitled to fly (hereinafter called «flag administration») or, when this is not possible, the

Consul or, in his absence, the nearest diplomatic representative of that State, of all the circumstances in which intervention was deemed necessary. In addition, nominated surveyors or recognised organisations responsible for the issue of […]  classification  certificates or

 […]  statutory certificates  in accordance with the international Cconventions shall also be notified where relevant.

 95/21/EC (adapted)

 7.  6. The provisions of this Directive shall be without prejudice to the additional requirements of the Conventions concerning notification and reporting procedures related to port

State control.

 8.  7. When exercising port State control under this Directive, all possible efforts shall be made to avoid a ship being unduly detained or delayed. If a ship is unduly detained or delayed, the owner or operator shall be entitled to compensation for any loss or damage suffered. In any instance of alleged undue detention or delay the burden of proof shall lie with the owner or operator of the ship.

ANNEX DG C III EN

 new Council

• 9. 

  In order to alleviate port congestion, a competent authority may allow a detained ship to be moved to another part of the port if it is safe to do so. However, the risk of port congestion shall not be a consideration when deciding on a detention or on a release from detention.

  Port authorities or bodies  shall cooperate with the competent authority with a view to facilitating the accommodation of detained ships.

   98/25/EC Art. 1 pt. 2

Article 9a

Procedure applicable in the absence of ISM certificates

• 1. 

  Where the inspection reveals that the copy of the document of compliance or the safety management certificate issued in accordance with the International management code for the safe operation of ships and for pollution prevention (ISM Code) are missing on board a vessel to which, within the Community, the ISM Code is applicable at the date of the inspection, the competent authority shall ensure that the vessel is detained.

• 2. 

  Notwithstanding the absence of the documentation referred to in paragraph 1, if the inspection finds no other deficiencies warranting detention the competent authority may lift the detention order in order to avoid port congestion. Whenever such a decision is taken, the competent authority shall immediately inform the competent authorities of the other Member States thereof.

ANNEX DG C III EN

• 3. 

  Member States shall take the measures necessary to ensure that all ships authorised to leave a port in a Member State under the circumstances referred to in paragraph 2 shall be refused access to all ports in the Community, except in the situations referred to in Article 11(6), until the owner or operator of the vessel has demonstrated, to the satisfaction of the competent authority of the

Member State in which detention was ordered, that the ship has valid certificates issued in accordance with the ISM Code. Where deficiencies as referred to in Article 9(2) are found and cannot be rectified in the port of detention, the relevant provisions of Article 11 shall also apply.

 95/21/EC (adapted)

Article  14  10

Right of appeal

 2001/106/EC Art. 1 pt. 10

• 1. 

  The owner or the operator of a ship or his representative 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.

 95/21/EC

• 2. 

  Member States shall establish and maintain appropriate procedures for this purpose in accordance with their national legislation.

ANNEX DG C III EN

• 3. 

  The competent authority shall properly inform the master of a ship referred to in paragraph 1 of the right of appeal.

   new

• 4. 

  When, as a result of an appeal or of a request made by the owner or the operator of a ship or his representative, a detention or a refusal of access order is revoked or amended:

(a) Member States shall ensure that the inspection database is amended accordingly without delay,

(b) The Member State where the detention or refusal of access order has been issued shall, within 24 hours of such a decision, ensure that the information published in accordance with Article 19 is rectified.

 95/21/EC (adapted) new Council

Article  15  11

Follow-up to inspections and detentions

• 1. 

  Where deficiencies as referred to in Article  13  9 (2) cannot be rectified in the port of inspection, the competent authority of that Member State may allow the ship concerned to proceed

 […]  to the nearest […]  appropriate  repair yard to the port of detention where follow-up action can be taken nearest appropriate repair yard available, as chosen by the master and the authorities concerned, provided that the conditions determined by the competent authority of the flag State and agreed by that Member State are complied with. Such conditions shall ensure that the ship can proceed without risk to the safety and health of passengers or crew, or risk to other ships, or without there being an unreasonable threat of harm to the marine environment.

ANNEX DG C III EN

 new

• 2. 

  Where the decision to send a ship to a repair yard is due to a lack of compliance with IMO Resolution A. 744(18), either with respect to a ship's documentation or with respect to a ship's structural failures and deficiencies, the competent authority may require that the necessary thickness measurements be carried out in the port of detention before the ship is allowed to sail.

   95/21/EC (adapted) Council

 3.  2. In the circumstances referred to in paragraph 1, the competent authority of the Member State in the port of inspection shall notify the competent authority of the State where the repair yard is situated, the parties mentioned in Article  13(6)  9 (5) and any other authority as appropriate of all the conditions for the voyage.

• 3. 

  The notification of the parties referred to in paragraph 2 shall be in accordance with Annex 2 to the MoU.

The competent authority of a Member State receiving such notification shall inform the notifying authority of the action taken.

• 4. 

  Member States shall take measures to ensure that  access to any port […]  within the Community is refused to  ships referred to in paragraph 1 which proceed to sea:

ANNEX DG C III EN

 (a)  (i) without complying with the conditions determined by the competent authority of any Member State in the port of inspection; or

 (b)  (ii) which refuse to comply with the applicable requirements of the Conventions by not calling into the indicated repair yard;.

shall be refused access to any port within the Community, Such refusal shall be maintained  until the owner or operator has provided evidence to the satisfaction of the competent authority of the Member State where the ship was found defective  , demonstrating  that the ship fully complies with all applicable requirements of the Conventions.

• 5. 

  In the circumstances referred to in paragraph 4  (a)  (i), the competent authority of the Member State where the ship was found defective shall immediately alert the competent authorities of all the other Member States.

In the circumstances referred to in paragraph 4  (b)  (ii), the competent authority of the

Member State in which the repair yard lies shall immediately alert the competent authorities of all the other Member States.

Before denying entry, the Member State may request consultations with the flag administration of the ship concerned.

ANNEX DG C III EN

• 6. 

  Notwithstanding  By way of derogation from  the provisions of paragraph 4, access to a specific port […]  may be permitted by the relevant authority of that port State in the event of force majeure or overriding safety considerations, or to reduce or minimize the risk of pollution or to have deficiencies rectified, provided  that  adequate measures to the satisfaction of the competent authority of such Member State have been implemented by the owner, the operator or the master of the ship to ensure safe entry.

   95/21/EC (adapted) new Council

Article  16  12

Professional profile of inspectors

• 1. 

  The inspections shall be carried out only by inspectors who fulfil the qualification criteria specified in Annex  XII  VII and who are authorized to carry out port State control by the competent authority .

• 2. 

  When the required professional expertise cannot be provided by the competent authority of the port State, the inspector of that competent authority may be assisted by any person with the required expertise.

ANNEX DG C III EN

• 3. 

  The competent authority, the  inspectors carrying out port State control and the persons assisting them shall have no commercial interest either in the port of inspection or in the ships inspected, nor shall the inspectors be employed by or undertake work on behalf of nongovernmental organizations which issue statutory and […]  classification  certificates or which carry out the surveys necessary for the issue of those certificates to ships.

• 4. 

  Each inspector shall carry a personal document in the form of an identity card issued by his

competent authority in accordance with Commission Directive 96/40/EC i 13 the national

legislation, indicating that the inspector is authorized to carry out inspections.

 95/21/EC

A common model for such an identity card shall be established in accordance with the procedure in Article 19.

 new Council

• 5. 

  Member States shall ensure that the competence of inspectors and their compliance with the minimum criteria as referred to in Annex XII are  […]  verified […] , before authorising them to carry out inspections and […]  periodically  thereafter in the light of the training scheme referred to in paragraph 7  .

16268/06 KS/ay 57

ANNEX DG C III EN

• 6. 

  Member States shall ensure that inspectors receive appropriate training in relation to changes to the port State control regime as laid down in this Directive and amendments to the

Conventions.

• 7. 

  In cooperation with Member States, the Commission shall develop and promote a harmonised Community scheme for the […]  training and assessment of competences  of port State control inspectors by the Member States   . 

   95/21/EC (adapted) new Council

Article  17  13

Reports from pilots and port authorities […] 

• 1. 

  Member States shall take appropriate measures to ensure that their pilots engaged on the berthing or unberthing of ships or engaged on ships bound for a port or in transit within a Member State Pilots of Member States, engaged in berthing or unberthing ships or engaged on ships bound for a port within a Member State, shall immediately inform the competent authority of the port State or the coastal State, as appropriate, whenever they learn in the course of their normal duties that there are apparent anomalies  […]  deficiencies which may prejudice the safe navigation of the ship, or which may pose a threat of harm to the marine environment.

ANNEX DG C III EN

• 2. 

  If port authorities or bodies  , when exercising their normal duties, learn that a ship within their port has apparent anomalies  […]  deficiencies which may prejudice the safety of the ship or poses an unreasonable threat of harm to the marine environment, such authority

 or body shall immediately inform the competent authority of the port State concerned.

 new Council

• 3. 

  Member States shall require pilots and port authorities or bodies to report at least the following information  […] , in electronic format whenever possible :

– ship information (name, IMO number, Call Sign and flag)

– sailing information (last port of call, port of destination)

– description of apparent anomalies found on board 

 4.  Member States shall ensure that proper follow-up action is taken on apparent anomalies  […]  notified by pilots and port authorities or bodies and shall record the details of action taken. 

 […] 

 5. The Commission may adopt in accordance with the procedures laid down in Article 24, measures for the implementation of this Article, including a harmonized electronic format and procedures for the reporting of apparent anomalies by pilots and port authorities or bodies and of follow-up action taken by Member States  .

ANNEX DG C III EN

 Article 17a

Inspection database

• 1. 

  The Commission shall develop, maintain and update the inspection database, building upon the expertise and experience of the Paris MoU.

  The inspection database shall contain all the information required for the implementation of the inspection system set up under this Directive and shall include the functionalities set out in Annex XIIIa.

• 2. 

  Member States shall ensure that the information related to inspections performed in accordance with this Directive is transferred to the inspection database as soon as the inspection report has been completed or the detention has been lifted.

  Within 72 hours, Member States shall ensure that the information transferred to the inspection database mentioned above is validated for publication purposes.

• 3. 

  On the basis of the inspection data provided by the Member States, the Commission shall be able to retrieve from the inspection database any relevant data concerning the

  implementation of this Directive, in particular on the risk profile of the ship, on ships' due for inspections, on ships' movement data and on the inspection commitments of each Member State.

ANNEX DG C III EN

Member States shall have access to all the information recorded in the inspection database which is relevant for implementing the inspection procedures of this Directive.

Member States and third States Parties to the Paris MoU shall be granted access to any data they have recorded in the inspection database and to data on ships flying their flag. 

 95/21/EC (adapted) new Council

Article 18 14

 Exchange of information and     cooperation

 […]  Each Member State shall ensure that its port authorities or bodies  and other relevant authorities or bodies provide the competent port State control authority with the following types of information in their possession:  make provision for cooperation between its competent authority, its port authorities and other relevant authorities or commercial organizations to ensure that its competent authority can obtain all relevant information on ships calling at its ports.

 – information notified in accordance with Article 6 and  Annex III; 

 – information concerning ships which have failed to […]  notify any information according to the  requirements […]  of  this Directive and to European Parliament and

Council Directives 2000/59/EC i 14 and 2002/59/EC 15 , as well as, if appropriate, with Regulation (EC) No. 725/2004 i 16 ; 

14 OJ L 332, 28.12.2000, p. 81.

15 OJ L 208, 5.2.2002, p. 10.

16268/06 KS/ay 61

ANNEX DG C III EN

 – information concerning ships which have proceeded to sea without having complied with Article 7 or 10 of Directive 2000/59/EC i; 

 – information concerning ships which have been denied entry or expelled from port on security grounds; 

 – information on apparent anomalies in accordance with Article 17. 

2001/106/EC Art. 1 pt. 11 Council

• 2. 

  […] 

   95/21/EC Council

• 3. 

  […] 

ANNEX DG C III EN

 1999/97/EC Art. 1 pt. 2 (adapted)

Article  19  15

 Publication  Release of information

 1999/97/EC Art. 1 point 2 (adapted) new Council

 […] 

 The Commission shall make available and maintain on a public website the information on inspections, detentions and refusals of access in accordance with Annex XIV, building upon the expertise and experience of the Paris MoU. 

 new Council

Article 20

 […] 

 Publication of a list of companies with a low and very low performance    

The Commission shall establish and publish […]  regularly on a public website information relating to companies whose performance, in view of determining the ship risk profile as referred to in Annex II part I, has been considered as low and very low for a period of 3 months or more. 

ANNEX DG C III EN

 The Commission shall adopt, in accordance with the procedure laid down in Article 24, the rules for the implementation of this Article, specifying in particular the modalities of the publication. 

 95/21/EC (adapted)

Article  21  16

Reimbursement of costs

• 1. 

  Should the inspections referred to in Articles  7 and 8  6 and 7 confirm or reveal deficiencies in relation to the requirements of a Convention warranting the detention of a ship, all costs relating to the inspections in any normal accounting period shall be covered by the shipowner or the operator or by his representative in the port State.

• 2. 

  All costs relating to inspections carried out by the competent authority of a Member State under the provisions of Article  15(4) and Article 10  11(4) shall be charged to the owner or operator of the ship.

   2001/106/EC Art. 1 pt. 14 (adapted)

 3.  2a. In the case of detention of a  ship  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.

ANNEX DG C III EN

 95/21/EC (adapted)

 4.  3. The detention shall not be lifted until full payment has been made or a sufficient guarantee has been given for the reimbursement of the costs.

 2001/106/EC Art. 1 pt. 15 (adapted)

Article  22  17

Data to monitor implementation

 2001/106/EC Art. 1 point 15 (adapted)

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

ANNEX DG C III EN

 new Council

 […] 

Article 23

Monitoring of compliance and performance of Member States

In order to ensure the effective implementation of this Directive and to monitor the overall functioning of the Community’s port State control regime in accordance with Article 2(b)(i) of Regulation (EC) No 1406/2002 i, the Commission shall collect the necessary information and carry out visits to Member States.

 2001/106/EC Art. 1 pt. 15 (adapted)

Article  24  18

Regulatory Committee

 2002/84/EC Art. 4 pt. 2 (adapted)

• 1. 

  The Commission shall be assisted by the Committee on Safe Seas and the Prevention of

Pollution from Ships (COSS) created by Article 3 of Regulation (EC) No 2099/2002 i of the

European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe

Seas and the Prevention of Pollution from Ships (COSS) 17 .

16268/06 KS/ay 66

ANNEX DG C III EN

 2001/106/EC Art. 1 pt. 15

• 2. 

  Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC i shall apply, having regard to the provisions of Article 8 thereof.

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

• 3. 

  The Committee shall adopt its rules of procedure.

   95/21/EC (adapted)

Article  25  19

Amendment procedure

 2001/106/EC Art. 1 pt. 16 (adapted)

This Directive may, without broadening its scope, be amended in accordance with the procedure laid down  referred to  in Article  24(2)  18(2), in order to:

 2001/106/EC Art. 1 pt. 16 Council

(a) […] 

ANNEX DG C III EN

 95/21/EC (adapted) Council

(b) adapt the Annexes , except Annex II,  in order to take into account amendments which have entered into force to the Community legislation on maritime safety and security, and […]   the Conventions, Protocols, codes and resolutions of relevant international

organizations and developments  in the  Paris  MoU ;

 2002/84/EC Art. 4 pt. 3(a) new Council

(c) amend the definitions referring to  international Conventions, Protocols, Codes and Resolutions and Community legislation  which are relevant for the purposes of this

Directive.

 2002/84/EC Art. 4 pt. 3(b)

The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Directive, pursuant to Article 5 of Regulation (EC) No 2099/2002 i.

ANNEX DG C III EN

 new Council

Article 26

 […]  Implementing rules 

 When establishing the implementing rules referred to in Articles 5b (4), 6a (3), 8 (3) and 9(4) in accordance with the procedure referred to in Article 24 (2), the Commission shall take specific care that these rules take into account the expertise and the experience gained with the inspection

 […]  system in the Community and the Paris MoU. 

 2001/106/EC Art. 1 pt. 17 (adapted) Council

Article  27  19a

 […]  Penalties  Penalties

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

ANNEX DG C III EN

 2001/106/EC Art. 3 (adapted) new Council

 Article 28 

 Review 

The Commission shall review the implementation of this Directive no later than 18 months after expiry of the time-limit for the transposition of this Directive 22 July 2006. The review will examine, inter alia, the fulfilment of the overall Community inspection commitment laid down in Article 5,  the number of port State control inspectors in each Member State, […]  the number of inspections carried out, […]  and the compliance with the annual inspection commitment by each Member State and the implementation of Article 5a and 5b .

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.

ANNEX DG C III EN

  (adapted) Council

Article 29

Implementation and notification

• 1. 

  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with […]  this Directive  […]  on [ 36 months after the date fixed in Article 31] . […] 

• 2. 

  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. They shall also include a statement that references in existing laws, regulations and administrative provisions to the directive[s] repealed by this Directive shall be construed as references to this Directive. Member

States shall determine how such reference is to be made and how that statement is to be formulated.

• 3. 

  Member States shall communicate to the Commission the text of the main provisions of national law adopted in the field covered by this Directive.

• 4. 

  In addition, the Commission shall inform the European Parliament and the Council on a regular basis of progress in the implementation of the Directive within the Member States.

ANNEX DG C III EN

Article 30

Repeal

Directive 95/21/EC i, as amended by the Directives listed in Annex XVII, Part A, is repealed, with effect from [date of entry into force of the recast Directive], without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex XVII, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex XVIII.

Article 31

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the

Official Journal of the European Union.

 […] 

Article 32

Addressees

This Directive is addressed to the Member States.

Done at Brussels, […]

For the European Parliament For the Council

The President The President

[…] […]

ANNEX DG C III EN

ANNEX I TO ANNEX

 98/42/EC Art. 1 pt. 2 and Annex pt. 1 (adapted)

 Council

ANNEX I

 […] 

ANNEX I TO ANNEX DG C III EN

ANNEX II TO ANNEX

 new Council

ANNEX II

 […] Elements of the Community Port State Inspection Regime

(as referred to in Article 5 […] 

The following elements shall be included in the Community Port State Inspection Regime:

I- S HIP RISK PROFILE

The risk profile of a ship is determined by a combination of the following generic and historic  parameters:

 A. Generic parameters 

(a) Type of ship

Passenger ships, oil and chemical tankers, gas carriers and bulk carriers are considered as posing a higher risk.

(b) Age of ship

 Ships above twelve years of age  […]  are considered as posing a higher risk.

(c) Flag State performance

(i) Ships flying the flag of a State with a high detention rate within the EU and Paris MoU region are considered as posing a higher risk.

ANNEX II TO ANNEX DG C III EN

(ii) Ships flying the flag of a State with a low detention rate within the EU and Paris MoU region are considered as posing a lower risk.

(iii) Ships flying the flag of a State for which an […]  audit has been […] 

 completed and, where relevant, a corrective action plan submitted, both    in  accordance with the Framework and procedures for the Voluntary IMO Member State Audit Scheme  are considered as posing a lower risk. As soon as the measures referred to in Article 6a, paragraph 3 have been adopted, the flag State of such a ship must have demonstrated compliance with the Code for the implementation of mandatory IMO instruments. 

(d) Recognised organisations

(i) Ships which have been delivered certificates from recognised organisations having a low or very low performance level in relation with their detention rates within the

EU and the Paris MoU region are considered as posing a higher risk.

(ii) Ships which have been delivered certificates from recognised organisations having a high performance level in relation with their detention rates within the EU and the

Paris MoU region are considered as posing a lower risk.

(iii) Ships with certificates issued by organisations recognised under the terms of Council Directive 94/57/EC i are considered as posing a lower risk.

ANNEX II TO ANNEX DG C III EN

(e) Company performance

(i) Ships of a company with a low or very low performance as determined by its ships’ deficiency and detention rates within the European Union and the Paris MoU region are considered as posing a higher risk.

(ii) Ships of a company with a high performance as determined by its ships’ deficiency and detention rates within the European Union and the Paris MoU region are

considered as posing a lower risk.

 […] 

 B. Historic parameters 

(i) Ships, which have been detained more than once, are considered as posing a higher risk.

(ii) […]  Ships which, during inspection(s) carried out within the period referred to in Annex IIa have had less than the number of deficiencies referred to in Annex

IIa , are considered as posing a lower risk. 

 (iii) Ships which have not been detained during the period referred to in Annex IIa, are considered as posing a lower risk. 

The risk parameters referred to in […]  section 1shall be combined by using a weighting which reflects the relative influence of each parameter on the overall risk of the ship in order  to determine the following ship risk profiles:

ANNEX II TO ANNEX DG C III EN

– high risk,

– standard risk,

– low risk.

In determining these risk profiles greater emphasis […]  shall  be given to the parameters for type of ship,  flag State performance, recognised organisations and company performance.

 […] 

II– INSPECTION OF SHIPS

 […] 

• 1. 

  Periodic inspections

 Periodic inspections shall be carried out at predetermined intervals. Their frequency  […]  shall be determined by the ship risk profile. The interval between periodic inspections of

high risk ships shall not exceed 6 months. The interval between periodic inspections of ships of other risk profiles shall increase as the risk decreases.

Member States shall carry out a periodic inspection on:

– Any ship with a high risk profile which has not been inspected in a port of the European

Union or of the Paris MoU region during the last 6 months. High risk ships become eligible for inspection as from the fifth month.

ANNEX II TO ANNEX DG C III EN

– Any ship with a standard risk profile which has not been inspected in a port of the

European Union or of the Paris MoU region during the last 12 months. Standard risk ships become eligible for inspection as from the tenth month.

– Any ship with a low risk profile which has not been inspected in a port of the EU or of the

Paris MoU region during the last 36 months. Low risk ships become eligible for inspection

as from the 24th month.

• 2. 

  Additional inspections

Ships to which the following overriding or  unexpected factors apply are subject to an inspection regardless of the period since their last periodic inspection. However, the need to undertake an additional inspection on the basis of unexpected factors is left to the professional judgement of the inspector .

 2A Overriding factors 

 Ships to which the following overriding factors apply shall be inspected regardless of the period since their last periodic inspection:

– Ships which have been suspended or withdrawn from their class for safety reasons since

the last inspection in the European Union or in the Paris MoU region.

– […] 

– Ships which have been the subject of a report or notification by another Member State.

– Ships which cannot be identified in the inspection database.

ANNEX II TO ANNEX DG C III EN

– Ships which :

– have been involved in a collision, grounding or stranding on their way to the port;

– have been accused of an alleged violation of the provisions on discharge of harmful

substances or effluents, or

– have manoeuvred in an erratic or unsafe manner whereby routing measures, adopted by

the IMO, or safe navigation practices and procedures have not been followed.

 2B. Unexpected factors

Ships to which the following unexpected factors apply may be subject to inspection regardless of the period since their last periodic inspection. The decision to undertake such an additional inspection is left to the professional judgement of the competent authority.

– Ships which have: 

– […]  been operated in such a manner as to pose a danger to persons, property or

the environment, or

– not complied with the recommendation  […]  on navigation through the

entrances to the Baltic Sea as given in the Annexes to Resolution MSC.138(76) of  […]  the IMO,

– Ships carrying certificates issued by a formerly recognised organisation whose recognition has been withdrawn since the last inspection in the European Union or in the Paris MoU region. 

ANNEX II TO ANNEX DG C III EN

– Ships which have been reported by pilots or port authorities or bodies  as having

 apparent anomalies  […]  which may prejudice their safe navigation or pose a threat of harm to the environment in accordance with Article 17 of this Directive .

– Ships which have failed to comply with the relevant notification requirements referred to

in Article 6 of this Directive, in Directive 2000/59/EC i, Directive 2002/59/EC i and if appropriate in Regulation (EC) No. 725/2004 i.

– Ships which have been the subject of a report or complaint by the master, a crew member,

or any person or organisation with a legitimate interest in the safe operation of the ship, shipboard living and working conditions or the prevention of pollution, unless the Member State concerned deems the report or complaint to be manifestly unfounded.

– Ships which have been previously detained more than three months ago.

– Ships which have been reported with outstanding deficiencies, except those for which

deficiencies had to be rectified within 14 days after departure, and for deficiencies which had to be rectified before departure  .

– Ships which have been reported with problems concerning their cargo, in particular

noxious and dangerous cargoes.

– Ships which have been operated in such a manner as to pose a danger to persons, property

or the environment.

– Ships where information from a reliable source became known, that their risk

parameters differ from the recorded ones and the risk level is thereby increased. 

ANNEX II TO ANNEX DG C III EN

• 3. 

  […]  Selection scheme 

 […] 

 3A. Priority I ships shall be inspected as follows:

(a) An expanded inspection shall be carried out on:

– Any ship with a high risk profile not inspected in the last 6 months,

– any passenger ship, oil tanker, gas or chemical tanker or bulk carrier, older than 12 years of age, with a standard risk profile not inspected in the last 12 months.

(b) An initial or a more detailed inspection, as appropriate, shall be carried out on:

– Any ship other than a passenger ship, an oil tanker, a gas or chemical tanker or a bulk carrier, older than 12 years of age, with a standard risk profile not inspected in the last 12 months.

(c) In case of an overriding factor:

– A more detailed or an expanded inspection, according to the professional judgement of the inspector, shall be carried out on any ship with a high risk profile and on any passenger ship, oil tanker, gas or chemical tanker or bulk carrier, older than 12 years of age,

– A more detailed inspection shall be carried out on any ship other than a passenger ship, an oil tanker, a gas or chemical tanker or a bulk carrier, older than 12 years of age,

ANNEX II TO ANNEX DG C III EN

3B. Priority II ships may be inspected as follows:

(a) An expanded inspection may be carried out on:

– Any ship with a high risk profile not inspected in the last 5 months,

– any passenger ship, oil tanker, gas or chemical tanker or bulk carrier, older than 12 years of age, with a standard risk profile not inspected in the last 10 months, or

– any passenger ship, oil tanker, gas or chemical tanker or bulk carrier, older than 12 years of age, with a low risk profile not inspected in the last 24 months.

(b) An initial or a more detailed inspection, as appropriate, may be carried out on:

– Any ship other than a passenger ship, an oil tanker, a gas or chemical tanker or a bulk carrier, older than 12 years of age, with a standard risk profile not inspected in the last 10 months, or

– Any ship other than a passenger ship, an oil tanker, a gas or chemical tanker or a bulk carrier, older than 12 years of age, with a low risk profile not inspected in the last 24 months.

(c) In case of an unexpected factor:

– A more detailed or an expanded inspection according to the professional judgement of the inspector, may be carried out on any ship with a high risk profile or any passenger ship, oil tanker, gas or chemical tanker or bulk carrier, older than 12 years of age,

– A more detailed inspection may be carried out on any ship other than a passenger ship, an oil tanker, a gas or chemical tanker or a bulk carrier, older than 12 years of age.

III . […] 

 […] 

ANNEX II TO ANNEX DG C III EN

 ANNEX IIa

Table 3: Design of Ship Risk Profile

Profile High Risk Ship (HRS) Standard Low Risk Ship (LRS)

Risk Ship (SRS)

Generic Parameters Criteria Weighting Criteria Criteria

points

Chemical

tankship

1 Type of ship Gas Carrier 2 All types

Oil tankship

Bulk carrier

Passenger ship

2 Age of ship all types > 12 y 1 All ages

Black - VHR, 2

HR,

3a BGW-list M to HR White

F la

g Black - MR 1

3b IMO-Audit - - Yes H - - High

n ce an M - - s

h ip -

4a iz ed rm

is at

io

fo L Low 1 w r

is k

-

o g

n

an P er a lo

R ec O rg VL Very Low -

4b EU - - n

o r

Yes

recognised r is

k

H - - ig h High

y ce M - - a h -

5 p an an rm L Low er -

C o

m fo

P er VL Very low

2 n ei

th -

Historic parameters Number of Not eligible def.

recorded in n ci

es ≤ 5 (and at least one inspection

6 each insp. - carried out in previous 36

within ef ic

ie months)

previous 36 D

months

Number of s ≥ 2 detentions 1

Detention No

7 within ti

o n

detention previous 36

months D

et en

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 II TO ANNEX DG C III EN

ANNEX III TO ANNEX

 new Council

ANNEX III

Notification

 […] 

 Information to be provided in accordance with Article 6(1): 

 […]  The information listed below shall be submitted  to the port authority or body  or to the authority or body designated for that purpose 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:

(a) ship identification (name, call sign, IMO identification number or MMSI number);

(b) planned duration of the call;

(c) for tankers:

(i) configuration: single hull, single hull with SBT, double hull;

(ii) condition of the cargo and ballast tanks: full, empty, inerted;

(iii) volume and nature of the cargo;

(d) planned operations at the port […]  of destination (loading, unloading, other);

ANNEX III TO ANNEX DG C III EN

(e) planned statutory survey inspections and substantial maintenance and repair work to be carried out whilst in the port […]  of destination;

(f) date of last expanded inspection in the Paris MoU.

 […] 

ANNEX III TO ANNEX DG C III EN

ANNEX IV TO ANNEX

 95/21/EC (adapted)

ANNEX    IV    II 

LIST OF CERTIFICATES AND DOCUMENTS

( as  referred to in Article 7 6(1))

 95/21/EC Council

• 1. 

  International Tonnage Certificate (1969).

• 2. 

  – Passenger Ship Safety Certificate;

  – Cargo Ship Safety Construction Certificate;

  – Cargo Ship Safety Equipment Certificate;

   […] 

  – Cargo Ship Safety Radio Certificate;

   1999/97/EC Art. 1 pt. 4(a)

  – Exemption certificate, including, where appropriate, the list of cargoes;

ANNEX IV TO ANNEX DG C III EN

 95/21/EC

– Cargo Ship Safety Certificate.

 new

• 3. 

  International Ship Security Certificate (ISSC).

• 4. 

  Continuous Synopsis Record.

   95/21/EC

• 5. 

  3. International Certificate of Fitness for Carriage of Liquefied Gases in Bulk;

  – Certificate of Fitness for the Carriage of Liquefied Gases in Bulk.

• 6. 

  4. International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk;

  – Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk.

• 7. 

  5. International Oil Pollution Prevention Certificate.

• 8. 

  6. International Pollution Prevention Certificate for the Carriage of Noxious Liquid

  Substances in Bulk.

• 9. 

  7. International Load Line Certificate (1966);

  – International Load Line Exemption Certificate.

• 10. 

  8. Oil record book, parts I and II.

• 11. 

  9. Cargo record book.

ANNEX IV TO ANNEX DG C III EN

 2001/106/EC Art. 1 pt. 20(a) new Council

• 12. 

  10. Minimum Safe Manning Document.

• 13. 

  10a. Certificates or any other documents  […]  required  in accordance with the provisions of  the STCW Convention.

   95/21/EC

• 14. 

  11. Medical certificates, (see ILO Convention No 73 concerning Medical Examination of

  Seafarers).

   new

• 15. 

  Table of shipboard working arrangements (ILO Convention No.180 and STCW 95).

• 16. 

  Records of hours of work and rest of seafarers (ILO Convention No.180).

   95/21/EC

• 17. 

  12. Stability information.

ANNEX IV TO ANNEX DG C III EN

 98/42/EC Art. 1 pt. 2 and Annex pt. 2.1

• 18. 

  13. Copy of the Document of Compliance and the Safety Management Certificate issued, in accordance with the International Management Code for the Safe Operation of Ships and for Pollution Prevention (SOLAS, Chapter IX).

   95/21/EC new

• 19. 

  14. Certificates as to the ship's hull strength and machinery installations issued by the classification society recognised organisation  in question (only to be required if the ship maintains its class with a classification society recognised organisation ).

   98/42/EC Art. 1 pt. 2 and Annex pt. 2.2

   new

• 20. 

  15. Document of compliance with the special requirements for ships carrying dangerous goods.

• 21. 

  16. High speed craft safety certificate and permit to operate high speed craft.

• 22. 

  17. Dangerous goods special list or manifest, or detailed stowage plan.

ANNEX IV TO ANNEX DG C III EN

• 23. 

  18. Ship's log book with respect to the records of tests and drills, including security drills,  and the log for records of inspection and maintenance of lifesaving appliances and arrangements and of fire fighting appliances and arrangements  .

• 24. 

  19. Special purpose ship safety certificate.

• 25. 

  20. Mobile offshore drilling unit safety certificate.

• 26. 

  21. For oil tankers, the record of oil discharge monitoring and control system for the last ballast voyage.

• 27. 

  22. The muster list, fire control plan, and for passenger ships, a damage control plan.

• 28. 

  23. Shipboard oil pollution emergency plan.

• 29. 

  24. Survey report files (in case of bulk carriers and oil tankers).

• 30. 

  25. Reports of previous port State control inspections.

• 31. 

  26. For ro-ro passenger ships, information on the A/A-maximum ratio.

• 32. 

  27. Document of authorization for the carriage of grain.

• 33. 

  28. Cargo securing manual.

   1999/97/EC Art. 1 pt. 4(b)

• 34. 

  29. Garbage management plan and garbage record book.

• 35. 

  30. Decision support system for masters of passenger ships.

ANNEX IV TO ANNEX DG C III EN

• 36. 

  31. SAR cooperation plan for passenger ships trading on fixed routes.

• 37. 

  32. List of operational limitations for passenger ships.

• 38. 

  33. Bulk carrier booklet.

• 39. 

  34. Loading and unloading plan for bulk carriers.

   2001/106/EC Art. 1 pt. 20(b)

• 40. 

  35. Certificate of insurance or any other financial security in respect of civil liability for oil pollution damage (International Convention on Civil Liability for Oil Pollution Damage, 1992).

   new Council

[41. Certificates required under Directive 2006/XX/EC concerning civil liability and financial guarantees of shipowners.

• 42. 

  Certificate required under Regulation (EC) No. XXXX/2006 on the liability of carriers of

  passengers by sea and inland waterways in the event of accidents. 1 ]

 43. International Air Pollution Prevention Certificate

 44. International Sewage Pollution Prevention Certificate 

1 Inclusion of items 41. and 42. pending the adoption of respective legislation contained in the

Third Maritime Package.

ANNEX IV TO ANNEX DG C III EN

ANNEX V TO ANNEX

 98/42/EC Art. 1 pt. 2 and Annex pt. 3 (adapted)

 Council

ANNEX    V      III

EXAMPLES OF “«CLEAR GROUNDS”» […] 

(as referred to in Article 7 6 […]  ) (3) 

 A. Examples of clear grounds for a more detailed inspection 

• 1. 

  Ships identified in […]  Annex II part II 2A and 2B  .

• 2. 

  The oil record book has not been properly kept.

• 3. 

  During examination of the certificates and other documentation, (see Article 6(1)(a) and

  (2)), inaccuracies have been revealed.

   98/42/EC Art. 1 pt. 2 and Annex pt. 3 (adapted)

• 4. 

  Indications that the crew members are unable to comply with the requirements  related to on-board communication  of  set out in  Article 8  17  of Council

Directive 94/58/EC i  2001/25/EC  of  the European Parliament and of the

Council  22 November 1994 on the minimum level of training of seafarers 1 .

16268/06 KS/ay 1

ANNEX V TO ANNEX DG C III EN

 new

• 5. 

  A certificate has been fraudulently obtained or the holder of a certificate is not the person to whom that certificate was originally issued,

• 6. 

  The ship has a master, officer or rating holding a certificate issued by a country which has not ratified the STCW Convention.

 98/42/EC Art. 1 pt. 2 and Annex pt. 3

• 7. 

  5. Evidence of cargo and other operations not being conducted safely, or in accordance with IMO guidelines, e.g. the content of oxygen in the inert-gas main supply to the cargo tanks is above the prescribed maximum level.

• 8. 

  6. Failure of the master on an oil tanker to produce the record of the oil discharge monitoring and control system for the last ballast voyage.

• 9. 

  7. Absence of an up-to-date muster list, or crew members not aware of their duties in the event of fire or an order to abandon the ship.

• 10. 

  8. The emission of false distress alerts not followed by proper cancellation procedures.

• 11. 

  9. The absence of principal equipment or arrangements required by the conventions.

• 12. 

  10. Excessively unsanitary conditions on board the ship.

ANNEX V TO ANNEX DG C III EN

• 13. 

  11. Evidence from the inspector's general impression and observations that serious hull or structural deterioration or deficiencies exist that may place at risk the structural, watertight or weathertight integrity of the ship.

• 14. 

  12. Information or evidence that the master or crew is not familiar with essential shipboard operations relating to the safety of ships or the prevention of pollution, or that such

  operations have not been carried out.

   new Council

• 15. 

  The absence of a table of shipboard working arrangements or of records of hours of work or rest of seafarers.

 B. Examples of clear grounds for the control of ships on security aspects

• 1. 

  The inspector may establish clear grounds for further control measures on security during the initial PSC inspection as follows:

1.1. ISSC is not valid or it has expired

1.2. The ship is at a lower security level than the port

1.3. Drills related to the security of the ship have not been carried out

1.4. Records for the last 10 ship/port or ship/ship interfaces are incomplete

1.5. Evidence or observation that key members of ship’s personnel cannot communicate with each other

ANNEX V TO ANNEX DG C III EN

1.6. Evidence from observations that serious deficiencies exist in security arrangements

1.7 Information from third parties such as a report or a complaint concerning security related information

1.8 The ship holds a subsequent, consecutively issued Interim International Ship Security

Certificate (ISSC) and in the professional judgement of the inspector one of the purposes of the ship or company in requesting such a certificate is to avoid full compliance with SOLAS74 Ch XI-2 and part A of the ISPS Code, beyond the period of the initial Interim Certificate. ISPS Code Part A specify the circumstances when an Interim Certificate may be issued.

• 2. 

  If clear grounds as described above are established the inspector shall immediately inform the competent security authority (unless the inspector is also a Officer Duly Authorised for

Security). The competent security authority shall then decide on what further control measures are necessary taking into account the security level in accordance with Regulation 9 of SOLAS

Chapter XI.

• 3. 

  Clear grounds other than those above are a matter for the Officer Duly Authorised for

Security. 

ANNEX V TO ANNEX DG C III EN

ANNEX VI TO ANNEX

 98/42/EC Art. 1 pt. 2 and Annex pt. 4 (adapted)

 Council

ANNEX     VI     IV

PROCEDURES FOR THE CONTROL OF SHIPS

(as referred to in Article 9 6(41))

 […] 

Annex I, “«Port State Control Procedures”» to the ParisMoU and the following instructions from the Paris MoU, in their up-to-date version:  […] 

– Instruction 33/2000/02 Operational Control on Ferry and Passenger ships,

– Instruction 35/2002/02 Guidelines for the PSCO on Electronic Charts,

– Instruction 36/2003/08 Guidance for inspection on Working and Living conditions,

– Instruction 37/2004/02 Guidelines for the PSCO on the STCW 78/95 convention as

amended,

– Instruction 37/2004/05 Guidelines the inspection of hours of work/rest,

– Instruction 37/2004/10 Guidelines for PSCO’s on Security aspects,

ANNEX VI TO ANNEX DG C III EN

Instruction 38/2005/02 Guidelines for PSCO’s checking a Voyage Data recorder (VDR),

– Instruction 38/2005/05 Guidelines on MARPOL Annex I,

– Instruction 38/2005/07 Guidelines on the control of the Condition assessment scheme

(CAS) of single hull oil tankers,

– Instruction 38/2005/09 Interim Guidelines for Port State Control inspectors for compliance

with Annex VI of MARPOL 73/78,

– Instruction 39/2006/01 Guidelines for the Port State Control Officer on on the ISM Code,

– Instruction 39/2006/02 Guidelines for Port State Control Officers on control of GMDSS,

– Instruction 39/2006/03 Optimisation of Banning and Notification checklist,

– Instruction 39/2006/04 Criteria for the responsibility assessment of Recognized

Organisations (RO’s),

– Instruction 39/2006/10 Guidance for PSCOs for the examination of ballast tanks and main

power failure simulation (black-out test),

– Instruction 39/2006/11 Guidance for checking the structure of Bulk Carriers,

– Instruction 39/2006/12 Code of Good Practice for Port State Control Officers. 

 new Council

 […] 

ANNEX VI TO ANNEX DG C III EN

ANNEX VII TO ANNEX

 new (adapted) Council

ANNEX VII

 […] 

ANNEX VII TO ANNEX DG C III EN

ANNEX VIII TO ANNEX

 2001/106/EC Art. 1 pt. 22 (adapted) Council

ANNEX     VIII    V 

  […]  EXPANDED INSPECTIONS OF SHIPS      

 (as referred to in Article 8) 

 new Council

 […] 

  An expanded inspection concerns in particular the overall condition of the following risk areas:

– Documentation

– Structural condition

– Weathertight condition

– Emergency systems

– Radio communication

– Cargo operations

– Fire safety

ANNEX VIII TO ANNEX DG C III EN

– Alarms

– Living and working conditions

– Navigation equipment

– Life saving appliances

– Dangerous Goods

– Propulsion and auxiliary machinery

– Pollution prevention

In addition, subject to their practical feasibility or any constraints relating to the safety of persons, the ship or the port, an expanded inspection shall include the verification of specific items of risk areas depending on the type of vessel inspected, as established in accordance with Article 8 paragraph 3. 

 2001/106/EC Art. 1 pt. 22 Council

 […] 

ANNEX VIII TO ANNEX DG C III EN

ANNEX IX TO ANNEX

 2001/106/EC Art. 1 pt. 22 (adapted)

ANNEX     IX     XI

 new Council

PROVISIONS CONCERNING REFUSAL OF ACCESS TO […]  PORTS

WITHIN THE COMMUNITY    

(as referred to in Article 10)

 2001/106/EC Art. 1 pt. 25

A. CATEGORIES OF SHIPS SUBJECT TO REFUSAL OF ACCESS TO COMMUNITY PORTS

(as referred to in Article 7b9(1))

• 1. 

  Gas and chemical tankers.

• 2. 

  Bulk carriers.

• 3. 

  Oil tankers.

• 4. 

  Passenger ships.

ANNEX IX TO ANNEX DG C III EN

 new Council

 […] 

 2001/106/EC Art. 1 pt. 25 (adapted) new Council

 […] PROCEDURES RELATING TO REFUSAL OF ACCESS TO […]  PORTS WITHIN THE COMMUNITY  (as referred to in Article 10(1)) 7b

• 1. 

  If the conditions described in  […]  Article 10.1   Article 7b are met, the competent authority of the port […]  in which the ship is detained for the second or third time, as appropriate,  shall  must inform the master  captain and the

  owner or the operator of the ship in writing that a refusal of access order will be issued which will become applicable immediately after the ship has left the port […]   of the access refusal order served on the ship . The refusal of access order shall become applicable immediately after the ship has left the port […]  after the deficiencies leading to the detention have been remedied. 

ANNEX IX TO ANNEX DG C III EN

• 2. 

  The competent authority  shall  must send a copy of the order of refusal of access to  inform the flag State administration, the recognised organisation concerned, the other Member States , and the other signatories to the MoU,  the Commission the Centre

  administratif des affaires maritimes and the  Paris  MoU Secretariat. The competent authority shall also update the inspection database with information on the refusal of access without delay .

  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.

   new Council

 […] 

 2001/106/EC Art. 1 pt. 25 new Council

 […]  3.  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 document  certificate from the flag State administration issued following an on-board visit by a surveyor duly authorized by the flag State administration,  showing that the ship fully conforms to the applicable provisions of the international Cconventions. The flag State administration shall provide evidence to the competent authority that a visit on board has taken place. 

ANNEX IX TO ANNEX DG C III EN

 […]  4.  The request for the lifting of the access refusal order must also be accompanied, where appropriate, by a document  certificate from the classification society which has the ship in class following an on-board visit by a surveyor from the classification society,  showing that the ship conforms to the class standards stipulated by that society. The classification society shall provide evidence to the competent authority that a visit

on board has taken place. 

 […]  5.  . 3. The access refusal order may be lifted only , after the period […]  referred to […]  […] Article 10 of this Directive has elapsed and 

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

 2001/106/EC Art. 1 pt. 25 (adapted) new Council

If the agreed port is located within the Community, If the agreed port […] is located in a Member State, the competent authority of the Member State of the that State  port of destination may,  at the request  with the agreement of the competent authority of the Member State that imposed which issued  the access refusal order, authorise the ship to enter the agreed port in order to carry out the re-inspection  proceed to the port of destination in question, for the sole purpose of verifying that the ship meets the conditions specified in paragraph 2. In such cases, no cargo operations shall take place at the port until the refusal of access order has been lifted. 

ANNEX IX TO ANNEX DG C III EN

 new Council

 […]  6.  If the detention which led to the issue of a refusal of access order included deficiencies in the ship’s structure, the competent authority which issued the refusal of access order may require that certain spaces, including cargo spaces and tanks, are made available for examination during the re-inspection.

 […]  7.  The re-inspection shall be carried out by the competent authority of the Member State that imposed the refusal of access order, or by the competent authority of the port of destination with the agreement of the competent authority of the Member State that

imposed the refusal of access order. The competent authority may require up to 14 days notice for the re-inspection. Evidence shall be provided to the satisfaction of this Member State that the ship fully complies with the applicable requirements of the International Conventions.

 2001/106/EC Art. 1 pt. 25 (adapted) Council

 […]  8.  The re-inspection shall consist of an expanded inspection that must cover at least the relevant items of Annex VIII V, section  point  C.

ANNEX IX TO ANNEX DG C III EN

 2001/106/EC Art. 1 pt. 25 Council

 […]  9.  All costs of this expanded inspection will be borne by the owner or the operator.

 2001/106/EC Art. 1 pt. 25 (adapted) new Council

 […]  10.  4. If the results of the expanded inspection satisfy the Member State in accordance with paragraph 2  Annex VIII point C , the access refusal order must be lifted  and the company of the ship informed thereof in writing.  The owner or the operator of the ship must be informed thereof in writing.

 […]  11.  The competent authority  shall  must also notify its decision in writing to the flag State administration, the classification society concerned, the other Member States, the other signatories to the Paris MoU,  the Commission, the Centre administratif des

affaires maritimes and the  Paris  MoU Secretariat. The competent authority must also update the inspection database with information on the removal of the access without delay. 

5 […]  12.  Information relating to ships that have been refused access to […]  ports within the Community  must be made available in the SIReNaC system  inspection

database  and published in conformity with the provisions of Article 15 19 and of Annex VIII XIV.

ANNEX IX TO ANNEX DG C III EN

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):

(a) passenger ships built on or after 1 July 2002,

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

July 2002,

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

(d) 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:

(a) 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,

(b) cargo ships of 3 000 gross tonnage and upwards but less than 20 000 gross tonnage, not later than the date fixed by the IMO or, in the absence of a decision in IMO, not later than

16268/06 KS/ay 1

ANNEX XII DG C III EN

ANNEX X TO ANNEX

 2001/106/EC Art. 1 pt. 25 (adapted) new Council

ANNEX     X    IX 

Inspection report

(as referred to in Article 11)8

The inspection report must contain at least the following items.

I. G ENERAL

• 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 (as indicated in the Safety Management Certificate) 

• 6. 

  IMO number

• 7. 

  Call sign

• 8. 

  Tonnage (gt)

• 9. 

  Deadweight tonnage (where relevant)

ANNEX X TO ANNEX DG C III EN

• 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 as well as any other organisation  classification society or classification societies, where

  relevant, which has/have issued to this ship the […]  classification  certificates, if any

• 12. 

  The recognised organisation or recognised organisations  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 […]  company  or the operator

• 14. 

  Name and address of the charterer responsible for the selection of the  ship  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. I NFORMATION 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)

ANNEX X TO ANNEX DG C III EN

 new Council

• 3. 

  Port and date of the last intermediate or annual or renewal  survey and the name of the organisation which carried out the survey

   2001/106/EC Art. 1 pt. 25) Council

• 4. 

  3. Type of inspection (inspection, more detailed inspection, expanded inspection)

  • 5. 

    4. Nature of the deficiencies

  • 6. 

    5. Measures taken.

III. A DDITIONAL 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

• 4. 

  5. Indication, where relevant, of whether the […]  recognised organisation  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

• 5. 

  6. Measures taken.

ANNEX X TO ANNEX DG C III EN

ANNEX XI TO ANNEX

 95/21/EC (adapted)

ANNEX     XI     VI

CRITERIA FOR DETENTION OF A SHIP

(as referred to in Article 13(4) 9 (3))

I NTRODUCTION

Before determining whether deficiencies found during an inspection warrant detention of the ship involved, the inspector must apply the criteria mentioned below in sections  points  1 and 2.

Section  Point  3 includes examples of deficiencies that may for themselves warrant detention of the ship involved (see Article 913(4)).

 98/42/EC Art. 1 pt. 2 and Annex pt. 5.1 (adapted)

Where the ground for detention is the result of accidental damage suffered on the ship's voyage to a port, no detention order shall be issued, provided that:

(a) 1. due account has been given to the requirements contained in Regulation I/11(c) of SOLAS

recognised organisation responsible for issuing the relevant certificate;

16268/06 KS/ay 1

ANNEX XI TO ANNEX DG C III EN

(b) 2. prior to entering a port, the master or shipowner has submitted to the port State control authority details on the circumstances of the accident and the damage suffered and

information about the required notification of the flag State administration;

(c) 3. appropriate remedial action, to the satisfaction of the Authority, is being taken by the ship; and

(d) 4. the authority has ensured, having been notified of the completion of the remedial action, that deficiencies which were clearly hazardous to safety, health or the environment have been rectified.

 95/21/EC

• 1. 

  M AIN CRITERIA

  When exercising his professional judgement as to whether or not a ship should be detained

  the inspector must apply the following criteria:

  Timing:

  Ships which are unsafe to proceed to sea must be detained upon the first inspection irrespective of how much time the ship will stay in port.

  Criterion:

  The ship is detained if its deficiencies are sufficiently serious to merit an inspector returning to satisfy himself that they have been rectified before the ship sails.

ANNEX XI TO ANNEX DG C III EN

The need for the inspector to return to the ship is a measure of the seriousness of the deficiencies. However, it does not impose such an obligation for every case. It implies that the authority must verify one way or another, preferably by a further visit, that the deficiencies have been rectified before departure.

• 2. 

  A PPLICATION OF MAIN CRITERIA

  When deciding whether the deficiencies found in a ship are sufficiently serious to merit detention the inspector must assess whether:

  • 1. 

    the ship has relevant, valid documentation;

  • 2. 

    the ship has the crew required in the Minimum Safe Manning Document.

During inspection the inspector must further assess whether the ship and/or crew is able to:

• 3. 

  navigate safely throughout the forthcoming voyage;

• 4. 

  safely handle, carry and monitor the condition of the cargo throughout the forthcoming voyage;

• 5. 

  operate the engine room safely throughout the forthcoming voyage;

• 6. 

  maintain proper propulsion and steering throughout the forthcoming voyage;

  • 7. 

    fight fires effectively in any part of the ship if necessary during the forthcoming voyage;

  • 8. 

    abandon ship speedily and safely and effect rescue if necessary during the forthcoming voyage;

• 9. 

  prevent pollution of the environment throughout the forthcoming voyage;

ANNEX XI TO ANNEX DG C III EN

• 10. 

  maintain adequate stability throughout the forthcoming voyage;

• 11. 

  maintain adequate watertight integrity throughout the forthcoming voyage;

• 12. 

  communicate in distress situations if necessary during the forthcoming voyage;

  • 13. 

    provide safe and healthy conditions on board throughout the forthcoming voyage;

     2001/106/EC Art. 1 pt. 23(a)

  • 14. 

    provide the maximum of information in case of accident.

     95/21/EC

  If the answer to any of these assessments is negative, taking into account all deficiencies found, the ship must be strongly considered for detention. A combination of deficiencies of a less serious nature may also warrant the detention of the ship.

• 3. 

  To assist the inspector in the use of these guidelines, there follows a list of deficiencies, grouped under relevant conventions and/or codes, which are considered of such a serious nature that they may warrant the detention of the ship involved. This list is not intended to be exhaustive.

ANNEX XI TO ANNEX DG C III EN

 98/42/EC Art. 1 pt. 2 and Annex pt. 5.2

However, the detainable deficiencies in the area of STCW 78 listed under item 3.8 below are the only grounds for detention under this Convention.

 95/21/EC (adapted)

1 2001/106/EC Art. 1 pt. 23(b)

 new

3.1. General

 The lack of valid certificates and documents  as required by the relevant instruments. However, ships flying the flag of States not party to a Convention (relevant instrument) or not having implemented another relevant instrument, are not entitled to carry the certificates provided for by the Convention or other relevant instrument. Therefore, absence of the required certificates should not by itself constitute reason to detain these ships; however, in applying the «no more favourable treatment» clause, substantial compliance with the provisions is required before the ship sails.

3.2. Areas under the Solas Convention (References are given in brackets)

• 1. 

  Failure of the proper operation of propulsion and other essential machinery, as well as electrical installations.

ANNEX XI TO ANNEX DG C III EN

• 2. 

  Insufficient cleanliness of engine room,  excessive  amount of oily-water mixtures in bilges, insulation of piping including exhaust pipes in engine room contaminated by oil, improper operation of bilge pumping arrangements.

• 3. 

  Failure of the proper operation of emergency generator, lighting, batteries and switches.

• 4. 

  Failure of the proper operation of the main and auxiliary steering gear.

• 5. 

  Absence, insufficient capacity or serious deterioration of personal life-saving appliances, survival craft and launching arrangements.

• 6. 

  Absence, non-compliance or substantial deterioration of fire detection system, fire alarms, firefighting equipment, fixed fire-extinguishing installation, ventilation

  valves, fire dampers, quick-closing devices to the extent that they cannot comply with their intended use.

• 7. 

  Absence, substantial deterioration or failure of proper operation of the cargo deck area fire protection on tankers.

• 8. 

  Absence, non-compliance or serious deterioration of lights, shapes or sound signals.

• 9. 

  Absence or failure of the proper operation of the radio equipment for distress and safety communication.

ANNEX XI TO ANNEX DG C III EN

• 10. 

  Absence or failure of the proper operation of navigation equipment, taking the provisions of Solas Regulation  V/16.2  V/12(o) into account.

• 11. 

  Absence of corrected navigational charts, and/or all other relevant nautical publications necessary for the intended voyage, taking into account that a type approved electronic chart display and information system (ECDIS) operating on official data  electronic charts may be used as a substitute for the charts.

• 12. 

  Absence of non-sparking exhaust ventilation for cargo pump rooms (Solas Regulation II-2/59.3.1).

   98/42/EC Art. 1 pt. 2 and Annex pt. 5.3 (adapted)

• 13. 

  Serious deficiency in the operational requirements, as described in Section 5.5 of Annex I to the  Paris  MoU.

• 14. 

  Number, composition or certification of crew not corresponding with the safe manning document.

   2001/106/EC Art. 1 pt. 23(c)

• 15. 

  Failure to carry out the enhanced survey programme in accordance with SOLAS 74, Chapter XI, Regulation 2.

• 16. 

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

ANNEX XI TO ANNEX DG C III EN

 95/21/EC (adapted)

3.3. Areas under the IBC Code (References are given in brackets)

• 1. 

  Transport of a substance not mentioned in the Certificate of Fitness or missing cargo information 16.2).

• 2. 

  Missing or damaged high-pressure safety devices (8.2.3).

• 3. 

  Electrical installations not intrinsically safe or not corresponding to code requirements (10.2.3).

• 4. 

  Sources of ignition in hazardous locations referred to in 10.2 (11.3.15).

• 5. 

  Contraventions of special requirements (15).

• 6. 

  Exceeding of maximum allowable cargo quantity quality per tank (16.1).

• 7. 

  Insufficient heat protection for sensitive products (16.6).

3.4. Areas under the IGC Code (References are given in brackets)

• 1. 

  Transport of a substance not mentioned in the Certificate of Fitness or missing cargo information (18.1).

• 2. 

  Missing closing devices for accommodations or service spaces (3.2.6).

• 3. 

  Bulkhead not gastight (3.3.2).

• 4. 

  Defective air locks (3.6).

• 5. 

  Missing or defective quick-closing valves (5.6).

ANNEX XI TO ANNEX DG C III EN

• 6. 

  Missing or defective safety valves (8.2).

• 7. 

  Electrical installations not intrinsically safe or not corresponding to code requirements (10.2.4).

• 8. 

  Ventilators in cargo area not operable (12.1).

• 9. 

  Pressure alarms for cargo tanks not operable (13.4.1).

• 10. 

  Gas detection plant and/or toxic gas detection plant defective (13.6).

• 11. 

  Transport of substances to be inhibited without valid inhibitor certificate (17/19).

3.5. Areas under the Load Lines Convention

• 1. 

  Significant areas of damage or corrosion, or pitting of plating and associated stiffening in decks and hull affecting seaworthiness or strength to take local loads, unless proper temporary repairs for a voyage to a port for permanent repairs have been carried out.

• 2. 

  A recognized case of insufficient stability.

• 3. 

  The absence of sufficient and reliable information, in an approved form, which by rapid and simple means, enables the master to arrange for the loading and ballasting of his ship in such a way that a safe margin of stability is maintained at all stages and at varying conditions of the voyage, and that the creation of any unacceptable

  stresses in the ship's structure are avoided.

ANNEX XI TO ANNEX DG C III EN

• 4. 

  Absence, substantial deterioration or defective closing devices, hatch closing arrangements and watertight doors.

• 5. 

  Overloading.

• 6. 

  Absence of draft mark or draft mark impossible to read.

3.6. Areas under the Marpol Convention, Annex I (References are given in brackets)

• 1. 

  Absence, serious deterioration or failure of proper operation of the oily-water filtering equipment, the oil discharge monitoring and control system or the 15 ppm alarm arrangements.

• 2. 

  Remaining capacity of slop and/or sludge tank insufficient for the intended voyage.

• 3. 

  Oil Record Book not available (20 (5)).

• 4. 

  Unauthorized discharge bypass fitted.

   2001/106/EC Art. 1 pt. 23(d)

• 5. 

  Survey report file missing or not in conformity with Regulation 13G(3)(b) of the Marpol Convention.

   95/21/EC (adapted)

3.7. Areas under the Marpol Convention, Annex II (References are given in brackets)

• 1. 

  Absence of the P&A Manual.

• 2. 

  Cargo is not categorized (3 (4)).

• 3. 

  No cargo record book available (9 (6)).

ANNEX XI TO ANNEX DG C III EN

• 4. 

  Transport of oil-like substances without satisfying the requirements or without an appropriately amended certificate (14).

• 5. 

  Unauthorized discharge bypass fitted.

   new

3.8. Areas under the Marpol Convention, Annex V

• 1. 

  Absence of the garbage management plan.

• 2. 

  No garbage record book available.

• 3. 

  Ship’s personnel not familiar with disposal/discharge requirements of garbage management plan.

   95/21/EC new

3.83.9 Areas under the STCW Convention and Directive 2001/25/EC i of the European

Parliament and of the Council    

 98/42/EC Art. 1 pt. 2 and Annex pt. 5.4

 new

• 1. 

  Failure of seafarers to hold a certificate, to have an appropriate certificate, to have a valid dispensation or to provide documentary proof that an application for an

  endorsement has been submitted to the flag State administration.

ANNEX XI TO ANNEX DG C III EN

 2. Evidence that a certificate has been fraudulently obtained or the holder of a certificate is not the person to whom that certificate was originally issued. 

• 3. 

  2. Failure to comply with the applicable safe manning requirements of the flag state administration.

• 4. 

  3. Failure of navigational or engineering watch arrangements to conform to the requirements specified for the ship by the flag State administration.

• 5. 

  4. Absence in a watch of a person qualified to operate equipment essential to safe navigation, safety radio communications or the prevention of marine pollution.

• 6. 

  5. Failure to provide proof of professional proficiency for the duties assigned to seafarers for the safety of the ship and the prevention of pollution.

• 7. 

  6. Inability to provide for the first watch at the commencement of a voyage and for subsequent relieving watches persons who are sufficiently rested and otherwise fit for duty.

   95/21/EC new Council

3.10 3.9. Areas under the ILO Conventions

• 1. 

  Insufficient food for voyage to next port.

• 2. 

  Insufficient potable water for voyage to next port.

• 3. 

  Excessively unsanitary conditions on board.

ANNEX XI TO ANNEX DG C III EN

• 4. 

  No heating in accommodation of a ship operating in areas where temperatures may be excessively low.

 4.a Insufficient ventilation in accomodation of a ship 

• 5. 

  Excessive garbage, blockage by equipment or cargo or otherwise unsafe conditions in passageways/accommodations.

 6. Clear evidence that watch keeping and other duty personnel for the first watch or subsequent relieving watches are impaired by fatigue 

3.11 3.10. Areas which may not warrant a detention, but where e.g. cargo operations have to be suspended.

Failure of the proper operation (or maintenance) of inert gas system, cargo-related gear or machinery are considered sufficient grounds for stopping cargo operation.

ANNEX XI TO ANNEX DG C III EN

ANNEX XII TO ANNEX

 95/21/EC (adapted)

1 Corrigendum 95/21/EC (OJ L 291,

14.11.1996, p. 42)

ANNEX    XII      VII

MINIMUM CRITERIA FOR INSPECTORS

1 (as referred to in Article 16 12(1) and (5))    

 new Council

• 1. 

  Inspectors must have appropriate theoretical knowledge and practical experience of ships and their operation. They must be competent in the enforcement of the requirements of

  international Conventions and of the relevant port State control procedures. This knowledge and competence in enforcing international and Community requirements must be acquired through documented training programmes […] .

   95/21/EC (adapted)

• 1. 

  The inspector must be authorized to carry out port-State control by the competent authority of the Member State.

• 2. 

   Inspectors must, as a minimum, have  either:

ANNEX XII TO ANNEX DG C III EN

 new Council

(a) appropriate qualifications from a marine or nautical institution and relevant seagoing experience as a certificated ship officer holding or having held a valid STCW II/2

or III/2 certificate of competency not limited as regards the operating area or propulsion power or tonnage;  or

 95/21/EC (adapted) new Council

(b)(c) passed an examination recognised by the competent Authority  as a naval architect, mechanical engineer or an engineer related to the maritime fields and worked in that capacity for at least five years; ; or 

 (c) a relevant university degree or equivalent and have properly  trained and qualified […]  as  ship safety inspectors. 

ANNEX XII TO ANNEX DG C III EN

 95/21/EC (adapted) Council

• 3. 

  The inspector must have:

  – completed a minimum of one year's service as a flag-State inspector either  dealing with surveys and certification in accordance with the Conventions or involved in the

  monitoring of the activities of recognised organisations to which statutory tasks have been delegated, or

  – gained an equivalent level of competence by following a minimum of one year's field training participating in Port State Control inspections under the guidance of

  experienced Port State Control Officers. 

• 4. 

  The inspectors mentioned under  2(a)  (a) and (b) must have gained a maritime experience of at least 5 years including periods  served […]  at sea as officers in the deck- or engine-department respectively , or as a flag state inspector or as an assistant port State control inspector. Such experience shall include a period of at least two years at sea as a deck or engine officer  .

  – and be in possession of:

  (a) a certificate of competency as master, enabling that person to take command of a ship of 1 600 GT or more (see STCW, Regulation II/2); or

  (b) a certificate of competency as chief engineer enabling him to take up that task on board a ship whose main power plant has a power equal or superior to

16268/06 KS/ay 3

ANNEX XII TO ANNEX DG C III EN

(c) have passed an examination as a naval architect, mechanical engineer or an engineer related to the maritime fields and worked in that capacity for at least five years,;

– The inspectors mentioned under (a) and (b) must have served for a period of not less

than five years at sea as officer in the deck- or engine-department respectively.

Or:

The inspector must:

– hold a relevant university degree or an equivalent training, and

– have been trained and qualified at a school for ship safety inspectors, and

– have served at least two years as a flag-State inspector dealing with surveys and

certification in accordance with the Conventions.

• 5. 

  3.  The inspectors must have the  ability to communicate orally and in writing with seafarers in the language most commonly spoken at sea.

• 4. 

  Appropriate knowledge of the provisions of the international Conventions and of the relevant procedures on port-State control.

• 6. 

  5. Inspectors not fulfilling the above criteria are also accepted if they are employed by the competent authority of a Member State for port State control at the date of adoption of this Directive.

ANNEX XII TO ANNEX DG C III EN

 new

• 7. 

  Where in a Member State inspections referred to in Article 9(1) and 9(2) are performed by port State control inspectors; those inspectors shall have appropriate qualifications, which shall include sufficient theoretical and practical experience in maritime security. This shall normally include:

  (a) a good understanding of maritime security and how it is applied to the operations being examined;

  (b) a good working knowledge of security technologies and techniques;

  (c) a knowledge of inspection principles, procedures and techniques;

  (d) a working knowledge of the operations being examined.

ANNEX XII TO ANNEX DG C III EN

ANNEX XIII TO ANNEX

 new Council

ANNEX    XIII     

 […] 

ANNEX XIII TO ANNEX DG C III EN

 ANNEX XIIIa

FUNCTIONALITIES OF THE INSPECTION DATABASE

• 1. 

  The inspection database shall include at least the following functionalities:

• - 

  Incorporate inspection data of Member States and all States Parties to the Paris MoU;

  • - 

    Provide data on the ship risk profile and on ships due for inspections;

  • - 

    Calculate the inspection commitments for each Member State;

  • - 

    Produce the white as well as the grey and black list of flag States as referred to in Article 10 paragraph 1;

  • - 

    Produce data on the performance of companies;

  • - 

    Identify the items in risk areas to be checked at each inspection.

• 2. 

  The inspection database shall have the capability to adapt to future developments and to interface with other Community maritime safety databases, including SafeSeaNet, which shall provide data on ships' actual calls to ports of Member States and, where appropriate, to relevant national information systems.

• 3. 

  A deep hyperlink shall be provided from the inspection database to the Equasis information system. Member States shall encourage that the public and private databases relating to ship inspection accessible through Equasis are consulted by the inspectors. 

ANNEX XIII TO ANNEX DG C III EN

ANNEX XIV TO ANNEX

 2001/106/EC Art. 1 pt. 24 (adapted)

ANNEX     XIV    VIII 

Publication of information related to detentions and inspections,  detentions and refusals of access  in ports of Member States

(as referred to in Article 19 15)

 new Council

 […] 

 2001/106/EC Art. 1 pt. 24 (adapted) new

• 3. 

  I. Information published in accordance with Article 19 15 must include the following:

(a) name of the ship,

(b) IMO number,

(c) type of ship,

(d) tonnage (gt),

ANNEX XIV TO ANNEX DG C III EN

(e) year of construction as determined on the basis of the date indicated in the ship's safety certificates,

(f) name and address of the company  shipowner or operator of the ship,

(g) 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  ship  vessel and the type of charter,

(h) 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,

 new Council

(i) […]  classification  and statutory certificates issued in accordance with the relevant international Conventions, and the authority or organisation that issued each one of the certificates in question, including the date of issue and expiry,

ANNEX XIV TO ANNEX DG C III EN

 2001/106/EC Art. 1 pt. 24 (adapted) new Council

– port and date of the last expanded inspection stating, where appropriate, whether a

detention was ordered,

(j) port and date of the last intermediate or annual  special survey for the certificates in point (i) above  and the name of the authority or  organisation which carried out the survey,

– number of detentions during the 24 previous months,

(k) date,  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,

ANNEX XIV TO ANNEX DG C III EN

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.

• 4. 

  II. For ships which have been detained, information published in accordance with Article 19 must also include  Information concerning ships inspected made public in accordance with Article 1518(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,

– flag State,

– the classification society or classification societies, where relevant, which has/have

issued to this ship the class certificates, if any,

ANNEX XIV TO ANNEX DG C III EN

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.

 (a) number of detentions during the previous  36  24  previous months ,

 (b) date when the detention was lifted, 

 (c) duration of detention, in days, 

 (d) the reasons for detention, in clear and explicit terms, 

 (e) indication, where relevant, of whether the recognised organisation that carried out the survey has a responsibility in relation to the deficiencies which, alone or in

combination, led to detention, 

 (f) description of the measures taken in the case of a ship which has been allowed to proceed to the nearest appropriate repair yard, 

 (g) if the ship has been refused access to any port within the Community, the reasons for the measure in clear and explicit terms. 

ANNEX XIV TO ANNEX DG C III EN

ANNEX XV TO ANNEX

 new Council

ANNEX XV

 […] 

ANNEX XV TO ANNEX DG C III EN

ANNEX XVI TO ANNEX

 2001/106/EC Art. 1 pt. 25 (adapted) new Council

ANNEX    XVI      X

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

 (as referred to in Article 22) 

• 1. 

  Every year Member States must provide the Commission with the following data for the preceding year by 1 […]     April 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  (1) (2) . 

ANNEX XVI TO ANNEX DG C III EN

Port/area Number of full-time number of part-time Conversion  of Total  inspectors inspectors  (B)  (B)  to full-time

 (A+C)   (A)   (C) 

Port X /or Area

X  ….

Port Y /or Area

Y  ….

TOTAL

(1) Where the inspections carried out in the context of port State control represent only part of the

inspectors’ work, the total number of inspectors must be converted to a number equivalent to full-time

inspectors. Where the same inspector works in more than one port or geographical area the

applicable part-time equivalent must be counted in each port  .

 (2)  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 […]  or  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 individual ships that entered their ports at national level. The figure shall be the number of […] ships covered by the Directive that entered their ports at national level counted only once. 

ANNEX XVI TO ANNEX DG C III EN

• 2. 

  Member States must either:

  (a) provide the Commission the Commission every […]  six six  months with a list of […]  calls at port  of individual ships, other than regular

   passenger and freight  ferry services, that entered their ports or which have notified to a port authority or body  their arrival in an anchorage, containing

   for each movement of the ship its  the IMO number, of the ships and its date of arrival; or alternatively and the port […] . The list shall be provided in the form of a spreadsheet programme enabling an automatic retrieval and processing of the above mentioned information. The list shall be provided within 4 months from the end of the period to which data pertained, 

   and 

  (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 separate  the lists of regular passenger  ferry services and regular freight 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. The list shall contain for each ship its IMO number, its name and the route covered by the ship. The list shall be provided in the form of a spreadsheet programme enabling an automatic retrieval and processing of the above mentioned information. 

ANNEX XVI TO ANNEX DG C III EN

ANNEX XVII TO ANNEX

ANNEX XVII

Part A

Repealed Directive with its successive amendments

(as referred to in Article 30)

Council Directive 95/21/EC i (OJ L 157, 7.7.1995, p. 1)

Council Directive 98/25/EC i (OJ L 133, 7.5.1998, p. 19)

Commission Directive 98/42/EC i (OJ L 184, 27.6.1998, p. 40)

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

Directive 2001/106/EC i of the European Parliament and of the Council (OJ L 19, 22.1.2002, p. 17)

Directive 2002/84/EC i of the European Parliament and of the Council

(OJ L 324, 29.11.2002, p. 53) Only Article 4

ANNEX XVII TO ANNEX DG C III EN

Part B

List of time-limits for transposition into national law

(as referred to in Article 30)

Directive Time-limit for transposition

Directive 95/21/EC i 30 June 1996

Directive 98/25/EC i 30 June 1998

Directive 98/42/EC i 30 September 1998

Directive 1999/97/EC i 13 December 2000

Directive 2001/106/EC i 22 July 2003 1

Directive 2002/84/EC i 23 November 2003

1 Under Article 3 of Directive 2001/106/EC i, “The Commission shall review the implementation

of this 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”.

ANNEX XVII TO ANNEX DG C III EN

ANNEX XVIII TO ANNEX

ANNEX XVIII

C ORRELATION T ABLE

Directive 95/21/EC i This Directive

Article 1, introductory words Article 1, introductory words

Article 1, first indent Article 1(a)

Article 1, second indent Article 1(b)

Article 2, introductory words Article 2, introductory words

Article 2(1), introductory words Article 2(1), introductory words

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)

ANNEX XVIII TO ANNEX DG C III EN

Article 2(1), eighth indent Article 2(1)(h)

Article 2(2) Article 2(2)

• - 

  Article 2(3)

Article 2(3) Article 2(4)

Article 2(4) Article 2(5)

• - 

  Article 2(6)

Article 2(5) Article 2(7)

• - 

  Article 2(8)

• - 

  Article 2(9)

Article 2(6) Article 2(10)

Article 2(7) Article 2(11)

Article 2(8) Article 2(12)

• - 

  Article 2(13)

Article 2(9) Article 2(14)

• - 

  Article 2(15)

Article 2(10) Article 2(16)

• - 

  Article 2(17)

• - 

  Article 2(18)

• - 

  Article 2(19)

ANNEX XVIII TO ANNEX DG C III EN

Article 3(1), first subparagraph, introductory Article 3(1), first subparagraph, words introductory words

Article 3(1), first subparagraph, first indent Article 3(1), first subparagraph, point (a)

Article 3(1), first subparagraph, second indent Article 3(1), first subparagraph, point (b)

Article 3(1), second subparagraph Article 3(1), second subparagraph

Article 3(2) to (4) Article 3(2) to (4)

• - 

  Article 4(1)

Article 4 Article 4(2), first subparagraph

• - 

  Article 4(2), second subparagraph

• - 

  Article 5(1) to 5(3)

Article 5(1) Article 5(4)

• - 

  Article 5(5)

Article 5(2) to 5(5) -

• - 

  Article 6

Article 6(1) introductory words Article 7(1) introductory words

Article 6(1)(a) Article 7(1)(a)

• - 

  Article 7(1)(b)

Article 6(1)(b) Article 7(1)(c)

• - 

  Article 7(2)

ANNEX XVIII TO ANNEX DG C III EN

Article 6(2) Article 7(3)

Article 6(3) Article 7(4)

Article 6(4) Article 7(5)

Article 7(1) and (2) Article 8(1) and (2) first subparagraph

Article 7(3)(a) -

Article 7(3)(b) Article 8(2), second subparagraph

Article 7(4) first subparagraph Article 8(3), first subparagraph

Article 7(4), second subparagraph -

Article 7(5) Article 8(4)

Article 7(6) -

Article 7a(1) Article 9(1)

Article 7a(2) Article 9(2), first subparagraph

• - 

  Article 9(2), second subparagraph

Article 7a(3) to (5) Article 9(3) to (5)

Article 7b(1) and (2) Article 10(1) and (2)

Article 7b(3) -

Article 8 Article 11

• - 

  Article 12

Article 9 (1) and (2) Article 13 (1) and (2)

ANNEX XVIII TO ANNEX DG C III EN

• - 

  Article 13 (3)

Article 9 (3) to (7) Article 13 (4) to (8)

• - 

  Article 13 (9)

Article 9a -

Article 10(1) to (3) Article 14(1) to (3)

• - 

  Article 14(4)

Article 11(1) Article 15(1)

• - 

  Article 15(2)

Article 11(2) Article 15(3), first subparagraph

Article 11(3) first subparagraph -

Article 11(3) second subparagraph Article 15(3) second subparagraph

Article 11(4) to (6) Article 15(4) to (6)

Article 12 (1) to (3) Article 16(1) to (3)

Article 12(4) first subparagraph Article 16(4), first subparagraph

Article 12(4) second subparagraph -

• - 

  Article 16(5) to (7)

Article 13(1) Article 17(1), first subparagraph

• - 

  Article 17(1), second subparagraph

Article 13(2) Article 17(2)

ANNEX XVIII TO ANNEX DG C III EN

• - 

  Article 17(3)

Article 14(1) Article 18(1)

Article 14(2) first subparagraph Article 18(2), first subparagraph

• - 

  Article 18(2), second subparagraph

Article 14(2) second subparagraph Article 18(2), third subparagraph

Article 14(3) Article 18(3)

Article 15(1) Article 19(1)

Article 15(2) to (4) -

Article 15(5) Article 19(2)

• - 

  Article 20

Article 16(1) and (2) Article 21(1) and (2)

Article 16(2a) Article 21(3)

Article 16(3) Article 21(4)

Article 17 Article 22(1)

• - 

  Article 22 (2)

• - 

  Article 23

Article 18 Article 24

Article 19 Article 25

• - 

  Article 26

ANNEX XVIII TO ANNEX DG C III EN

Article 19a Article 27

Article 3 Directive 2001/106/EC i Article 28

Article 20 Article 29

• - 

  Article 30

Article 21 Article 31

Article 22 Article 32

Annex I Annex I

• - 

  Annex II

• - 

  Annex III

Annex II Annex IV

Annex III Annex V

Annex IV Annex VI

• - 

  Annex VII

Annex V Annex VIII

Annex VI Annex XI

Annex VII Annex XII

Annex VIII Annex XIV

Annex IX Annex X

Annex X Annex XVI

ANNEX XVIII TO ANNEX DG C III EN

Annex XI Annex IX

Annex XII -

• - 

  Annex XIII

• - 

  Annex XV

• - 

  Annex XVII

• - 

  Annex XVIII

ANNEX XVIII TO ANNEX DG C III EN

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