Maritime safety: International standards for pollution prevention and shipboard living and working conditions (port State control)

This Directive aims to harmonise the conditions for enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions.

ACT

Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) [Official Journal L 157 of 07.07.1995]. [See amending acts].

SUMMARY

The purpose of this Directive is to improve maritime safety in Community waters by attempting to ban substandard shipping from them.

This Directive applies to all merchant shipping and crews using a seaport of a Member State or offshore terminal or anchored off such a port or installation.

Member States are obliged to establish and maintain national maritime administrations ("competent authorities") for the inspection of ships in their ports or in the waters under their jurisdiction.

Each Member State is obliged to inspect at least 25 % of the ships flying other countries' flags which enter its ports. Vessels which have already been inspected within the previous six months are exempt.

Enhanced controls must be carried out on:

• oil tankers within five years or less of the date of phasing out;
• bulk carriers older than 12 years of age;
• passenger ships;
• gas and chemical tankers, over ten years old counting from the date of construction shown on the ship's safety certificates.7. An obligation is placed on the Member States to ensure that any deficiencies revealed in the course of the inspection are rectified. Conditions warranting detention of the ship are laid down.

Member States are obliged to ensure that any deficiencies revealed in the course of the inspection are rectified.

In the event of follow-up of inspections and detention, Member States must give notification of movements, measures taken and penalties imposed in the event of refusal to comply with the competent authorities' requests (refusal of access to any port within the Community).

Pilots and port authorities are obliged to report any deficiencies which they detect.

Member States are obliged to ensure that their competent authorities cooperate with their counterparts in other Member States.

Each competent authority is obliged to publish, once every quarter, details of the number of detentions ordered and rules on the information to be provided.

Owners or operators of deficient vessels warranting detention are obliged to pay a fee covering the reinspection costs.

Member States are obliged to supply each year details of the number of surveyors working on their behalf and of the number of ships entering their ports.

A regulatory committee has been set up to assist the Commission.

Directive 98/25/EC provides for an applicable procedure in the absence of ISM certificates. (International Safety Management Code for ship operation and pollution prevention).

Directive 98/25/EC

This Directive aims to update Directive 95/21/EC in order to take account of recent changes made to MARPOL (Convention for the Prevention of Pollution from Ships) and SOLAS (International Convention for the Safety of Life at Sea) and the Convention on standards of training, certification and watchkeeping for seafarers (STCW 1978).

Directive 98/42/EC

This legislative measure amends Article 5.2 of Directive 95/21/EC concerning the selection of ships for inspection by giving priority to ships referred to in Annex I, part I.

Directive 1999/97/EC

This Directive takes account of amendments to conventions, protocols, codes and resolutions of the International Maritime Organisation (IMO) and developments within the Paris Memorandum of Understanding. Parallel to this, Member States must take all necessary measures to remove any legal obstacle to the publication of the list of ships inspected, detained or being refused access to any port of the Community. The Members States and the Commission must promote methods for making information available more widely and more promptly.

Directive 2001/106/EC

The objective of the Directive is to make compulsory rather than discretionary the system of inspections of certain potentially dangerous ships, tighten up measures relating to manifestly substandard ships and ensure more effective implementation of Directive 95/21/EC.

Directive 2002/84/EC

This Directive aims to improve the implementation of Community legislation on maritime safety, prevention of pollution from ships and shipboard living and working conditions.

Last updated: 15.05.2007