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PROVISIONS CONCERNING REFUSAL OF ACCESS TO PORTS AND ANCHORAGES WITHIN THE UNION (referred to in Article 16 and Article 21(4)) (1) If the conditions described in Article 16(1) are met, the competent authority of the port in which the ship is detained for the third time shall inform the master of the ship in writing that a refusal of access order will be issued which will become applicable immediately after the ship has left the port. The refusal of access order shall become applicable immediately after the ship has left the port after the deficiencies leading to the detention have been remedied.

(2) The competent authority shall send a copy of the refusal of access order to the flag State administration, the recognised organisation concerned, the other Member States, and the other signatories to the Paris MoU, the Commission and the Paris MoU Secretariat. The competent authority shall also update the inspection database with information on the refusal of access without delay.

(3) In order to have the refusal of access order lifted, the owner or the operator of the ship must address a formal request to the competent authority of the Member State that imposed the refusal of access order. Such request must be accompanied by a document from the flag State administration, issued following an on-board visit by a surveyor duly authorised by the flag State administration, showing that the ship fully complies with the applicable provisions of the Conventions. The flag State administration shall provide evidence to the competent authority that a visit on board has taken place. The document may take the form of an official statement, which must be issued by the flag State administration and not by a recognised organisation.

(4) The request for the lifting of the refusal of access order must also be accompanied, where appropriate, by a document from the classification society which has the ship in class following an on-board visit by a surveyor from the classification society, showing that the ship complies with the class standards stipulated by that society. The classification society shall provide evidence to the competent authority that an on-board visit has taken place.

(5) The refusal of access order may be lifted only after the period referred to Article 16 of this Directive has elapsed, and the company must address a formal request to the port State authority of the Member State that imposed the ban and provide the documents requested in paragraphs 3 and 4.

(6) Such a request including the required documents must be submitted to the banning State at least one month before the end of the ban period. If this deadline is not met, then a delay may occur of up to one month after the banning State received the request.

(7) The information system will add an overriding factor to the ship and the ship will be indicated as eligible for an expanded inspection at its next call at port/anchorage in the Paris MoU region.

(8) The competent authority shall also notify its decision in writing to the flag State administration, the classification society concerned, the other Member States, the other signatories to the Paris MoU, the Commission and the Paris MoU Secretariat. The competent authority must also update the inspection database with information on the refusal of the access without delay.

(9) Information relating to ships that have been refused access to ports within the Union must be made available in the inspection database and published in accordance with Article 26 and Annex XIII.