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Directive 2009/16/EC of the European Parliament and of the CouncilShow full title

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)

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Changes over time for: Division A.

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EU Directives are published on this site to aid cross referencing from UK legislation. Since IP completion day (31 December 2020 11.00 p.m.) no amendments have been applied to this version.

A.Examples of clear grounds for a more detailed inspectionU.K.

1.Ships identified in Annex I, Part II 2A and 2B.U.K.

2.The oil record book has not been properly kept.U.K.

3.During examination of the certificates and other documentation, inaccuracies have been revealed.U.K.

4.Indications that the crew members are unable to comply with the requirements related to on-board communication set out in Article 18 of Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers(1).U.K.

5.A certificate has been fraudulently obtained or the holder of a certificate is not the person to whom that certificate was originally issued.U.K.

6.The ship has a master, officer or rating holding a certificate issued by a country which has not ratified the STCW 78/95.U.K.

7.Evidence of cargo and other operations not being conducted safely, or in accordance with IMO guidelines, e.g. the content of oxygen in the inert-gas main supply to the cargo tanks is above the prescribed maximum level.U.K.

8.Failure of the master on an oil tanker to produce the record of the oil discharge monitoring and control system for the last ballast voyage.U.K.

9.Absence of an up-to-date muster list, or crew members not aware of their duties in the event of fire or an order to abandon the ship.U.K.

10.The emission of false distress alerts not followed by proper cancellation procedures.U.K.

11.The absence of principal equipment or arrangements required by the Conventions.U.K.

12.Excessively unsanitary conditions on board the ship.U.K.

13.Evidence from the inspector’s general impression and observations that serious hull or structural deterioration or deficiencies exist that may place at risk the structural, watertight or weathertight integrity of the ship.U.K.

14.Information or evidence that the master or crew is not familiar with essential shipboard operations relating to the safety of ships or the prevention of pollution, or that such operations have not been carried out.U.K.

15.The absence of a table of shipboard working arrangements or of records of hours of work or rest of seafarers.U.K.

[F116. The documents required under MLC 2006 are not produced or maintained or are falsely maintained or the documents produced do not contain the information required by MLC 2006 or are otherwise invalid. U.K.

17. The living and working conditions on the ship do not conform to the requirements of MLC 2006. U.K.

18. There are reasonable grounds to believe that the ship has changed flag for the purpose of avoiding compliance with MLC 2006. U.K.

19. There is a complaint alleging that specific living and working conditions on the ship do not conform to the requirements of MLC 2006.] U.K.

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