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1. A Member State may decide to postpone the inspection of a Priority I or Priority II ship in any of the following circumstances:

(a) if the inspection could be carried out at any subsequent call of the ship in the same Member State within 15 days of the actual time of departure, provided that the ship does not call at any other port within the Union or the Paris MoU region in between, except any ports of the ship’s flag State;

(b) if the inspection could be carried out in another port of call within the Union or the Paris MoU region within 15 days of the actual time of departure, provided that the State in which such a port of call is located has agreed in advance to carry out that inspection; or (c) if the inspection of a ship, including ro-ro passenger ships or high-speed passenger craft operating on a regular service, could be carried out in the same port of call within 15 days of the actual time of departure.

Where a Member State decides to postpone an inspection pursuant to the first subparagraph, that postponed inspection shall not count towards that Member State’s compliance with its annual inspection commitment referred to in Articles 6 and 7 if the postponed inspection is recorded as such in the inspection database.

2. Where an inspection is not carried out on a Priority I or Priority II ship for operational reasons, it shall not be counted as a missed inspection, provided that the reason for not carrying out the inspection is recorded in the inspection database and any of the following exceptional circumstances apply:

(a) the competent authority considers that the inspection would create a risk to the safety of inspectors, the ship or its crew, or to the port, or to the marine environment;

(b) the ship call at port takes place only during night time; or (c) the duration of the ship call is too short for the inspection to be carried out satisfactorily. Where the circumstances under point (b) apply, Member States shall take the measures necessary to ensure that ships which regularly call during night time are inspected as appropriate.

3. If an inspection is not carried out on a ship at anchorage, it shall not be counted as a missed inspection if:

(a) the ship is inspected in another port or anchorage within the Union or the Paris MoU region in accordance with Annex I within 15 days of the actual time of departure;

(b) the ship call at port takes place only during night time or the duration of the call is too short for the inspection to be carried out satisfactorily, and the reason for not carrying out the inspection is recorded in the inspection database; or (c) the competent authority considers that the inspection would create a risk to the safety of inspectors, the ship or its crew, or to the port or to the marine environment, and the reason for not carrying out the inspection is recorded in the inspection database.

————— 4. If an inspection is not carried out due to extraordinary and unforeseen circumstances it shall not be counted as a missed inspection and the reason for not carrying out the inspection shall be recorded in the inspection database. Those circumstances shall be duly justified and reported to the Commission.