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Directive 2009/21/EC of the European Parliament and of the Council of 23 April 2009 on compliance with flag State requirements (Text with EEA relevance) article 8 CELEX: 02009L0021-20250105 The report shall identify and analyse the main reasons that led to the detentions and the deficiencies resulting in a low or medium performance status. |
Directive 2009/21/EC of the European Parliament and of the Council of 23 April 2009 on compliance with flag State requirements (Text with EEA relevance) article 8 CELEX: 02009L0021-20250105 Quality management system and internal evaluation
1. Each Member State shall implement and maintain a quality management system covering the operational parts of the flag State-related activities of its administration. Such quality management system shall be certified in accordance with applicable international quality standards, such as ISO 9001.
The quality management system shall include the details of the responsibilities, of the authority and of the interrelation of personnel who perform surveys, inspections, audits and verifications and the flag State personnel who manage, perform and verify work relating to and affecting the flag State obligations. Such responsibilities shall be documented, specifying the type and scope of inspection work that may also be performed by non-exclusively employed flag State inspectors, and how such personnel shall communicate and report. The quality management system shall indicate the tasks that can be carried out by other personnel who assist in the performance of surveys. |
Directive 2009/21/EC of the European Parliament and of the Council of 23 April 2009 on compliance with flag State requirements (Text with EEA relevance) article 8 CELEX: 02009L0021-20250105 Each Member State shall ensure that non-exclusively employed flag State inspectors, and other personnel who assist in the performance of surveys, have education, training and supervision commensurate with the tasks they are authorised to perform, and that they are able to apply flag State instructions, procedures and criteria.
Member States shall take appropriate measures to prevent conflicts of interests of all personnel who perform surveys, inspections, audits and verifications and regarding independence in relation to the work to be performed.
By 6 January 2028, the quality management system shall cover the aspects referred to in this paragraph. 2. Member States which appear on the low performance list or which appear, for two consecutive years, on the medium performance list as published in the most recent annual report of the Paris Memorandum of Understanding on Port State Control (the ‘Paris MOU’) shall provide the Commission with a report on their flag State performance no later than four months after the publication of the Paris MOU report. |