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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 annex_I

CELEX: 02009L0016-20250105

ELEMENTS OF THE UNION PORT STATE INSPECTION SYSTEM (referred to in Article 5) The following elements shall be included in the Union Port State Inspection System: I. Ship Risk profile The risk profile of a ship shall be determined by a combination of the following generic, historical, and environmental parameters

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 annex_I

CELEX: 02009L0016-20250105

1. Generic parameters (a) Type of ship Passenger ships, bulk carriers, oil tankers, gas carriers, NLS tankers or chemical tankers shall be considered as posing a higher risk.

(b) Age of ship Ships of more than 12 years old shall be 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 Union and the Paris MoU region shall be considered as posing a higher risk.

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

(iii) Ships flying the flag of a State which has ratified all of the mandatory IMO and ILO instruments listed in Article 2, point (1), shall be considered as posing a lower risk.

(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 Union and the Paris MoU region shall be 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 Union and the Paris MoU region shall be considered as posing a lower risk.

(iii) Ships with certificates issued by organisations recognised in accordance with Regulation (EC) No 391/2009.

(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 Union and the Paris MoU region shall be 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 Union and the Paris MoU region shall be considered as posing a lower risk

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 annex_I

CELEX: 02009L0016-20250105

2. Historical parameters (i) Ships which have been detained more than once shall be considered as posing a higher risk.

(ii) Ships which, during inspection(s) carried out within the period referred to in Annex II, have had less than the number of deficiencies referred to in Annex II shall be considered as posing a lower risk.

(iii) Ships which have not been detained during the period referred to in Annex II shall be considered as posing a lower risk. The risk parameters 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:

— high risk,

— standard risk,

— low risk. In determining those risk profiles, greater emphasis shall be given to the parameters for type of ship, flag State performance, recognised organisations and company performance

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 annex_I

CELEX: 02009L0016-20250105

3. Environmental parameters Ships which, during inspection(s) carried out within the period referred to in Annex II have had more than the number of deficiencies relating to Marpol 73/78, AFS 2001, the BWM Convention, CLC 92, the Bunkers Convention, 2001, the Nairobi Convention and the Hong Kong Convention referred to in Annex II shall be considered as posing a higher risk.

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 annex_I

CELEX: 02009L0016-20250105

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

— Any ship with a standard risk profile which has not been inspected in a port or anchorage within the Union or the Paris MoU region during the last 12 months. Standard risk ships become eligible for inspection as from the 10th month.

— Any ship with a low risk profile which has not been inspected in a port or anchorage within the Union or the Paris MoU region during the last 36 months. Low risk ships become eligible for inspection as from the 24th month

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 annex_I

CELEX: 02009L0016-20250105

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 such an additional inspection on the basis of unexpected factors is left to the professional judgement of the inspector

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 annex_I

CELEX: 02009L0016-20250105

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 within the Union or 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.

— 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;

— 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;

— have previously been banned (first inspection after the refusal of access order has been lifted); or — have been involved in a severe incident, especially a major fire on board, engine breakdown and fatal accidents

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 annex_I

CELEX: 02009L0016-20250105

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 carrying certificates issued by a formerly recognised organisation whose recognition has been withdrawn since the last inspection within the Union or the Paris MoU region.

— 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 23 of this Directive. Those reports may include information from Vessel Traffic Services about ships’ navigation.

— Ships which have failed to comply with the relevant notification requirements referred to in Directive (EU) 2019/883.

— Ships which have been the subject of a report or complaint, including an onshore complaint, by the master, a crew member, or any person or organisation with a legitimate interest in the safe operation of the ship, on-board living and working conditions or the prevention of pollution, unless the Member State concerned deems the report or complaint to be manifestly unfounded.

— Ships reported with an outstanding ISM deficiency (3 months after issuing of the deficiency).

— Ships which have been previously detained more than 3 months ago.

— Ships which have been reported with problems concerning their cargo, in particular noxious and dangerous cargoes.

— Ships which have been operated in a manner posing a danger to persons, property or the environment.

— Ships where information from a reliable source became known, to the effect that their risk parameters differ from those recorded and the risk level is thereby increased.

— Ships for which a plan of action to rectify deficiencies as referred to in Article 19(2a) has been agreed but in respect of which the implementation of that plan has not been checked by an inspector

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 annex_I

CELEX: 02009L0016-20250105

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 six months;

— any passenger ship, bulk carrier, oil tanker, gas carrier, NLS tanker or chemical tanker, 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:

— 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, bulk carrier, oil tanker, gas carrier, NLS tanker or chemical tanker, older than 12 years of age;

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

— an expanded inspection shall be carried out on any ship in the first inspection after a refusal of access order has been lifted

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 annex_I

CELEX: 02009L0016-20250105

3B. Where the competent authority decides to inspect a Priority II ship, the following shall apply:

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

— any ship with a high risk profile not inspected in the last 5 months;

— any passenger ship, bulk carrier, oil tanker, gas carrier, NLS tanker or chemical tanker, older than 12 years of age, with a standard risk profile not inspected in the last 10 months; or — any passenger ship, bulk carrier, oil tanker, gas carrier, NLS tanker or chemical tanker, 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, shall be carried out on:

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

— 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 or any passenger ship, bulk carrier, oil tanker, gas carrier, NLS tanker or chemical tanker, older than 12 years of age;

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