Directive 2009/16 - Port State control (recast) - Main contents

Summary of Legislation
Legislative text

1. Summary of Legislation

Maritime safety: port State control

SUMMARY OF:

Directive 2009/16/EC on port State control

WHAT IS THE AIM OF THE DIRECTIVE?

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It aims to reduce substandard shipping in EU waters by:
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  ensuring ships respect EU and international maritime safety and environmental rules;
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  establishing common criteria for ship inspections.

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It recasts Directive 95/21/EC on port State control of shipping which had been substantially amended several times.

KEY POINTS

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The legislation applies to any eligible ship and its crew calling at, or anchored in, an EU port.
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EU governments must ensure they have a sufficient number of qualified inspectors with the necessary resources to carry out the inspections.
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All eligible ships using an EU port are given a risk profile in the THETIS inspection database. This is based on criteria such as the type and age of a vessel, and determines the thoroughness and frequency of the inspections.
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To make the planning of inspections easier, THETIS is linked to the SafeSeaNet system which provides information on ships in, or expected at, all EU ports.
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Annual inspections are compulsory for ships with a high-risk profile and are optional for others.
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Priority is given to inspecting vessels that infrequently dock at EU ports.
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Initial inspections check that certificates and documents are in order and assess a ship’s overall condition.
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If deficiencies are discovered, the ship is subject to a more detailed inspection.
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More detailed inspections are reserved for high-risk profile vessels, passenger ships, and oil, gas, chemical and bulk carriers over 12 years of age.
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Any deficiencies discovered must be rectified. If these are clearly a risk to safety, health or the environment, the vessel is detained until they are made good.
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National authorities may refuse port access to ships which have been detained more than twice during the previous 2 to 3 years.
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Shipowners or operators may appeal against any detention or refusal of access.
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The European Commission maintains and updates the inspection database. It regularly publishes details of companies with low or very low compliance rates on the THETIS website.
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The legislation does not cover:
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  fishing or naval support vessels;
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  warships;
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  certain types of wooden ships; or
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  private yachts.

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The directive was amended by Directive (EU) 2017/2110 which widens the scope of Directive 2009/16/EC to include inspections of ro-ro (roll-on/roll-off) passenger ships and high-speed passenger ships in regular service. Before these ships start to operate on a regular service, the relevant authorities must inspect them to ensure that they fulfil the requirements for the safe operation of a regular service. If a ship has been inspected by another EU country within the previous 8 months and deemed satisfactory to safely operate a regular service, the ship does not need to undergo a further inspection.

FROM WHEN DOES THE DIRECTIVE APPLY?

It has applied since 17 June 2009. Directive 2009/16/EC revised and replaced Directive 95/21/EC (and its subsequent amendments). The new rules contained in Directive 2009/16/EC had to become law in the EU countries by 2010.

BACKGROUND

For more information, see:

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EU actions on safety and environment protection (European Commission)
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Port State Control (European Maritime Safety Agency).

MAIN DOCUMENT

Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (Recast) (OJ L 131, 28.5.2009, pp. 57-100)

Successive amendments to Directive 2009/16/EC have been incorporated in the original text. This consolidated version is of documentary value only.

2. Legislative text

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)

Contents

1.

Summary of Legislation

2.

Legislative text