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Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (recast) (Text with EEA relevance) article 20 CELEX: 02009L0016-20250105 Right of appeal
1. The owner or operator of a ship or the owner or operator’s representative in the Member State shall have a right of appeal against any detention or refusal of access by the competent authority. An appeal shall not cause the detention or refusal of access to be suspended. 2. Member States shall establish and maintain appropriate procedures for this purpose in accordance with their national legislation. 3. The competent authority shall properly inform the master of a ship referred to in paragraph 1 of the right of appeal and the practical arrangements relating thereto. 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 order 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 order or refusal of access order is issued shall, within 24 hours of such a decision, ensure that the information published in accordance with Article 26 is rectified. |