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1. A Member State in which the total number of calls of Priority I ships exceeds its inspection share referred to in Article 5(2), point (b), shall be regarded as complying with its annual inspection commitment if the number of inspections carried out by that Member State corresponds to at least its inspection share as referred to in Article 5(2), point (b), and that Member State does not miss more than 40 % of the total number of Priority I ships calling at its ports and anchorages.

2. A Member State in which the total number of calls of Priority I and Priority II ships is less than 150 % of the inspection share referred to in Article 5(2), point (b), shall nevertheless be regarded as complying with its annual inspection commitment if that Member State carries out inspections of two thirds of Priority I and Priority II ships of the total number of Priority I and Priority II ships calling at its ports and anchorages.

3. The Commission shall, in its review referred to in Article 35, examine in particular the impact of this Article on the inspection commitment, taking into account the expertise and the experience gained in the Community and under the Paris MOU. The review shall take into account the objective of inspecting all ships calling at ports and anchorages within the Community. If appropriate, the Commission shall propose complementary measures with a view to improving the effectiveness of the inspection system applied in the Community, and, if necessary, a new review of the impact of this Article at a later stage.