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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)
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Before determining whether deficiencies found during an inspection warrant detention of the ship involved, the inspector must apply the criteria mentioned below in points 1 and 2.
[X1Point 3 includes examples of deficiencies that may for themselves warrant detention of the ship involved (see Article 19(3)).]
Editorial Information
Where the ground for detention is the result of accidental damage suffered on the ship’s voyage to a port, no detention order shall be issued, provided that:
due account has been given to the requirements contained in Regulation I/11(c) of SOLAS 74 regarding notification to the flag State administration, the nominated surveyor or the recognised organisation responsible for issuing the relevant certificate;
prior to entering a port, the master or shipowner has submitted to the port State control authority details on the circumstances of the accident and the damage suffered and information about the required notification of the flag State administration;
appropriate remedial action, to the satisfaction of the Authority, is being taken by the ship; and
the authority has ensured, having been notified of the completion of the remedial action, that deficiencies which were clearly hazardous to safety, health or the environment have been rectified.
When exercising his professional judgement as to whether or not a ship should be detained the inspector must apply the following criteria:
Ships which are unsafe to proceed to sea must be detained upon the first inspection irrespective of how much time the ship will stay in port.
The ship is detained if its deficiencies are sufficiently serious to merit an inspector returning to satisfy himself that they have been rectified before the ship sails.
The need for the inspector to return to the ship is a measure of the seriousness of the deficiencies. However, it does not impose such an obligation for every case. It implies that the authority must verify one way or another, preferably by a further visit, that the deficiencies have been rectified before departure.
When deciding whether the deficiencies found in a ship are sufficiently serious to merit detention the inspector must assess whether:
the ship has relevant, valid documentation;
the ship has the crew required in the Minimum Safe Manning Document.
During inspection the inspector must further assess whether the ship and/or crew is able to:
navigate safely throughout the forthcoming voyage;
safely handle, carry and monitor the condition of the cargo throughout the forthcoming voyage;
operate the engine room safely throughout the forthcoming voyage;
maintain proper propulsion and steering throughout the forthcoming voyage;
fight fires effectively in any part of the ship if necessary during the forthcoming voyage;
abandon ship speedily and safely and effect rescue if necessary during the forthcoming voyage;
prevent pollution of the environment throughout the forthcoming voyage;
maintain adequate stability throughout the forthcoming voyage;
maintain adequate watertight integrity throughout the forthcoming voyage;
communicate in distress situations if necessary during the forthcoming voyage;
provide safe and healthy conditions on board throughout the forthcoming voyage;
provide the maximum of information in case of accident.
If the answer to any of these assessments is negative, taking into account all deficiencies found, the ship must be strongly considered for detention. A combination of deficiencies of a less serious nature may also warrant the detention of the ship.
The lack of valid certificates and documents as required by the relevant instruments. However, ships flying the flag of States not party to a relevant Convention or not having implemented another relevant instrument, are not entitled to carry the certificates provided for by the Convention or other relevant instrument. Therefore, absence of the required certificates should not by itself constitute reason to detain these ships; however, in applying the ‘no more favourable treatment’ clause, substantial compliance with the provisions is required before the ship sails.
Textual Amendments
Textual Amendments
Failure of the proper operation (or maintenance) of inert gas system, cargo-related gear or machinery are considered sufficient grounds for stopping cargo operation.
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