EC on port State control - Main contents

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dossier	COM(2023)271 - Amendment of Directive 2009/16/EC on port State control.
document	COM(2023)271
date	November 27, 2024

Agreement of 2012 on the Implementation of the Provisions of the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 (OJ L 106, 9.4.2014, p. 4).

(5) Directive 2013/54/EU of the European Parliament and of the Council of 20 November 2013 concerning certain flag State responsibilities for compliance with and enforcement of the Maritime Labour Convention, 2006 (OJ L 329, 10.12.2013, p. 1).

(6) Directive 2009/21/EC of the European Parliament and of the Council of 23 April 2009 on compliance with flag State requirements (OJ L 131, 28.5.2009, p. 132).

(7) OJ L 123, 12.5.2016, p. 1.

(8) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

ANNEX I

‘ANNEX I

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:

Ship Risk profile

The risk profile of a ship shall be determined by a combination of the following generic, historical, and environmental parameters.

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.

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.

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.

II.

Inspection of ships

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.

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.

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.

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.

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:

—	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 12 months.

(c)

In the case of an overriding factor:

—	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.

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.

(c)

In the case of an unexpected factor:

—	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.’.

ANNEX II

‘ANNEX II

DESIGN OF SHIP RISK PROFILE

(referred to in Article 10(2))

	Profile
High Risk Ship (HRS)	Standard Risk Ship (SRS)	Low Risk Ship (LRS)
Generic parameters	Criteria	Weighting points	Criteria	Criteria
1	Type of ship	Passenger ship, bulk carrier, oil tanker, gas carrier, NLS tanker or chemical tanker	1	neither a high risk nor a low risk ship	All types
2	Age of ship	all types > 12 y	1	All ages
3a	Flag	Low performance	2	High performance
3b	All IMO/ILO instruments listed in Article 2 ratified	—	—	Yes

4a	Recognised organisation	Performance	H	—	—	High
M	—	—	—
L	Low	1	—
VL	Very Low	—
4b	EU recognised	—	—	Yes
5	Company	Performance	H	—	—	High
M	—	—	—
L	Low	2	—
VL	Very low	—
Historical parameters
6	Number of deficiencies recorded in each inspection within previous 36 months	Deficiencies	>6 in one of the inspections	1	≤ 5 in every individual inspection (and at least one inspection carried out in previous 36 months)
7	Number of detentions within previous 36 months	Detentions	≥ 2 detentions	1	No detention
Environmental parameters
8	Number of deficiencies related to Marpol 73/78, AFS 2001, the BWM Convention, CLC 92, the Bunkers Convention, 2001, the Nairobi Convention and the Hong Kong Convention recorded in each inspection within previous 36 months	Deficiencies	>2 in one of the inspections	1
HRS are ships which meet criteria to a total value of 5 or more weighting points. LRS are ships which meet all the criteria of the Low risk parameters. SRS are ships which are neither HRS nor LRS.

’.

ANNEX III

‘ANNEX IV

LIST OF CERTIFICATES AND DOCUMENTS

(referred to in Article 13(1))

List of certificates and documents which, to the extent applicable, should be checked as a minimum during the inspection (as appropriate):

1.	International Tonnage Certificate;

2.	Reports of previous port State control inspections;

3.	Passenger Ship Safety Certificate (SOLAS 1974, regulation I/12);

4.	Cargo Ship Safety Construction Certificate (SOLAS 1974, regulation I/12);

5.	Cargo Ship Safety Equipment Certificate (SOLAS 1974, regulation I/12);

6.	Cargo Ship Safety Radio Certificate (SOLAS 1974, regulation I/12);

7.	Cargo Ship Safety Certificate (SOLAS 1974, regulation I/12);

8.	Exemption Certificate (SOLAS 1974, regulation I/12);

9.	Minimum Safe Manning Document (SOLAS 1974, regulation V/14.2);

10.	International Load Line Certificate (LL 66, Article 16.1);

11.	International Load Line Exemption Certificate (LL 66, Article 16.2);

12.	International Oil Pollution Prevention Certificate (MARPOL, Annex I, regulation 7.1);

13.	International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk (NLS) (MARPOL, Annex II, regulation 9.1);

14.	International Sewage Pollution Prevention Certificate (ISPPC) (MARPOL, Annex IV, regulation 5.1, MEPC.1/Circ.408);

15.	International Air Pollution Prevention Certificate (IAPPC) (MARPOL, Annex VI, regulation 6.1);

16.	International Energy Efficiency Certificate (MARPOL, Annex VI, regulation 6);

17.	International Ballast Water Management Certificate (IBWMC) (BWM Convention, Article 9.1(a) and regulation E-2);

18.	International Anti-Fouling System Certificate (IAFS Certificate) (AFS 2001, Annex 4, regulation 2);

19.	Declaration on AFS (AFS 2001, Annex 4, regulation 5);

20.	International Ship Security Certificate (ISSC) or Interim International Ship Security Certificate (ISPS Code, part A/19 and appendices);

21.	Certificates for masters, officers or ratings issued in accordance with STCW Convention (STCW Convention, Article VI, regulation I/2, and STCW Code, section A-I/2);

22.	Copy of Document of Compliance or a copy of the Interim Document of Compliance issued in accordance with the International Management Code for the Safe Operation of Ships and for Pollution Prevention (DoC) ISM Code (SOLAS 1974, regulation IX/4.2, ISM Code, paragraphs 13 and 14);

23.	Safety Management Certificate or an Interim Safety Management Certificate issued in accordance with the International Management Code for the Safe Operation of Ships and for Pollution Prevention (SMC) (SOLAS 1974, regulation IX/4.3, ISM Code, paragraphs 13 and 14);

24.	International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk, or the Certificate of Fitness for the Carriage of Liquefied Gases in Bulk, whichever is appropriate (IGC Code, regulation 1.5.4, or GC Code, regulation 1.6);

25.	International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk, or the Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk, whichever is appropriate (IBC Code, regulation 1.45.4, and BCH Code, regulation 1.6.3);

26.	INF (International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships) Certificate of Fitness (SOLAS 1974, regulation VII/16, and INF Code, regulation 1.3);

27.	Certificate of insurance or any other financial security in respect of civil liability for oil pollution damage (CLC 92, Article VII.2);

28.	Certificate of insurance or any other financial security in respect of civil liability for Bunker oil pollution damage (the Bunkers Convention, 2001, Article 7.2);

29.	Certificate of Insurance or other Financial Security in respect of Liability for the Removal of Wrecks (the Nairobi Convention, Article 12);

30.	High-Speed Craft Safety Certificate and Permit to Operate High-Speed Craft (SOLAS 1974, regulation X/3.2 and HSC Code 94/00, regulations 1.8.1 and 1.9);

31.	Document of compliance with the special requirements for ships carrying dangerous goods (SOLAS 1974, regulation II-2/19.4);

32.	Document of authorization for the carriage of grain and grain loading manual (SOLAS 1974, regulation VI/9; International Code for the Safe Carriage of Grain in Bulk, section 3);

33.	Condition Assessment Scheme (CAS) Statement of Compliance, CAS Final Report and Review Record (Marpol 73/78, Annex I, regulations 20 and 21; resolution MEPC.94(46), as amended by resolutions MEPC.99(48), MEPC.112(50), MEPC.131(53), MEPC.155(55) and MEPC.236(65));

34.	Continuous Synopsis Record (SOLAS 1974, regulation XI-1/5);

35.	Oil Record Book, parts I and II (Marpol 73/78, Annex I, regulations 17 and 36);

36.	Cargo Record Book (Marpol 73/78, Annex II, regulation 15);

37.	Garbage Record Book, parts I and II (Marpol 73/78, Annex V, regulation 10.3);

38.	Garbage Management Plan (Marpol 73/78, Annex V, regulation 10; resolution MEPC.220(63));

39.	Logbook and the recordings of the tier and on/off status of marine diesel engines (Marpol 73/78, Annex VI, regulation 13.5.3);

40.	Logbook for fuel oil changeover (Marpol 73/78, Annex VI, regulation 14.6);

41.	Ozone-depleting Substances Record Book (Marpol 73/78, Annex VI, regulation 12.6);

42.	Ballast Water Record Book (BWRB) (BWMC, Article 9.1(b) and regulation B-2);

43.	Fixed gas fire-extinguishing systems – cargo spaces Exemption Certificate and any list of cargoes (SOLAS 1974, regulation II-2/10.7.1.4);

44.	Dangerous goods manifest or stowage plan (SOLAS 1974, regulations VII/4 and VII/7-2; Marpol 73/78, Annex III, regulation 54);

45.	For oil tankers, the record of oil discharge monitoring and control system for the last ballast voyage (Marpol 73/78, Annex I, regulation 31.2);

46.	Search and Rescue cooperation plan for passenger ships trading on fixed routes (SOLAS 1974, regulation V/7.3);

47.	For passenger ships, List of operational limitations (SOLAS 1974, regulation V/30.2);

48.	Nautical charts and nautical publications (SOLAS 1974, regulations V/19.2.1.4 and V/27);

49.	Records of hours of rest and table of shipboard working arrangements (STCW Code, section A-VIII/1.5 and 1.7, ILO Convention No. 180, Articles 5.7 and 8.1, and MLC 2006, Standard A.2.3.10 and A.2.3.12);

50.	Maritime labour certificate;

51.	Declaration of maritime labour compliance, parts I and II;

52.	Unattended machinery spaces (UMS) evidence (SOLAS 1974, regulation II-I/46.3);

53.	Certificates required under Directive 2009/20/EC of the European Parliament and of the Council (*1);

54.	Certificate required under Regulation (EC) No 392/2009 of the European Parliament and of the Council (*2);

55.	A certificate on the inventory of hazardous materials or a statement of compliance as applicable pursuant to Regulation (EU) No 1257/2013 of the European Parliament and of the Council (*3);

56.	Document of compliance issued under Regulation (EU) 2015/757 of the European Parliament and of the Council (*4).

(*1)  Directive 2009/20/EC of the European Parliament and of the Council of 23 April 2009 on the insurance of shipowners for maritime claims (OJ L 131, 28.5.2009, p. 128).

(*2)  Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents (OJ L 131, 28.5.2009, p. 24).

(*3)  Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC (OJ L 330, 10.12.2013, p. 1).

(*4)  Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of greenhouse gas emissions from maritime transport, and amending Directive 2009/16/EC (OJ L 123, 19.5.2015, p. 55).’.’

ANNEX IV

‘ANNEX VI

PROCEDURES FOR THE CONTROL OF SHIPS

(referred to in Article 15(1))

All technical instructions and circulars issued under the Paris MoU, in their up-to-date version:

Port State control committee (PSCC) Technical instructions

—	PSCC41-2008-07 Code of Good Practice

—	PSCC53-2020-08 Definitions and Abbreviations

General Paris MoU

—	PSCC54-2021-03 Type of inspection

—	PSCC56-2023-06 Detention and Action Taken

—	PSCC56-2023-04 Model forms

—	PSCC52-2019-05 Operational control

—	PSS43-2010-11 Flag State Exemptions

—	PSCC51-2018-13 Stopping an operation

—	PSCC49-2016-11 Black-out test

—	PSCC53-2020-06 Refusal of Access (Banning)

—	PSCC50-2017-12 Structure bulk carriers/oil tankers

—	PSCC43-2010-06 Dry Docking

—	PSCC53-2020-11 Allowing for a single voyage to a repair yard for “accidental damage” deficiencies

SOLAS Convention

—	PSCC56-2023-05 ISM Code

—	PSCC54-2021-02 ISPS Code

—	PSCC51-2018-12 ECDIS

—	PSCC43-2010-32 VDR (Voyage Date Recorders)

—	PSCC43-2010-09 Material Safety Data Sheets

—	PSCC43-2010-21 GMDSS

—	PSCC44-2011-16 Lifeboat on-load release hooks

—	PSCC45-2012-10 Damage stability on tankers

—	PSCC55-2022-05 LRIT

—	PSCC43-2010-28 Thickness measurements ESP/CAS

—	PSCC43-2010-29 Thickness measurement

—	PSCC51-2018-11 Polar Code

—	PSCC55-2022-02 IGF Code

MARPOL Convention

—	PSCC46-2013-18 MARPOL Annex I OWS

—	PSCC43-2010-39 MARPOL Annex II Stripping

—	PSCC47-2014-08 MARPOL Annex III IMDG

—	PSCC55-2022-07 MARPOL Annex IV Sewage

—	PSCC52-2019-07 MARPOL Annex V Garbage

—	PSCC56-2023-07 MARPOL Annex VI Air Pollution

—	PSCC43-2010-38 Crude oil washing

—	PSCC44-2011-20 MARPOL Investigation

International Load Line Convention

—	PSCC54-2021-06 International Load Line Convention

AFS Convention

—	PSCC47-2014-13 Anti-Fouling Systems

Bunkers Convention

—	PSCC56-2023-02 Conventions related to Financial Liability

Certification of Seafarers and Manning

—	PSCC56-2023-08 Certification of Seafarers and Manning (STCW, MLC and SOLAS)

Ballast Water Management Convention

—	PSCC51-2018-09 Ballast Water Management Convention

ILO Conventions

—	PSCC52-2019-10 Maritime Labour Convention, 2006

—	PSCC53-2020-14 Hours of Work or Rest and fitness for duty’.

ANNEX V

‘ANNEX VIII

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.’.

ANNEX VI

‘ANNEX XII

FUNCTIONALITIES OF THE INSPECTION DATABASE

(referred to in Article 24(1))

(1)

The inspection database shall include at least the following functionalities:

—	incorporate inspection data of Member States and all other State signatories to the Paris MoU,

—	provide data on the ship risk profile and on ships due for inspections,

—	calculate the inspection commitments for each Member State,

—	produce the high performance, the medium performance and the low performance list of flag States referred to in Article 16(1),

—	produce data on the performance of companies,

—	identify the items in risk areas to be checked at each inspection.

(2)

The inspection database shall have the capability to adapt to future developments and to interface with other Union maritime safety databases, including SafeSeaNet, which shall provide data on ships’ actual calls at ports of Member States and, where appropriate, to relevant national information systems.

(3)

A deep hyperlink shall be provided from the inspection database to the Equasis information system. Member States shall encourage that the public and private databases relating to ship inspection accessible through Equasis are consulted by the inspectors.’.

ELI: http://data.europa.eu/eli/dir/2024/3099/oj

ISSN 1977-0677 (electronic edition)