Maritime safety: port State control

KEY POINTS

• The legislation applies to any eligible ship and its crew calling at, or anchored in, an EU port.
• EU governments must ensure they have a sufficient number of qualified inspectors with the necessary resources to carry out the inspections.
• 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.
• 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.
• Annual inspections are compulsory for ships with a high-risk profile and are optional for others.
• Priority is given to inspecting vessels that infrequently dock at EU ports.
• Initial inspections check that certificates and documents are in order and assess a ship’s overall condition.
• If deficiencies are discovered, the ship is subject to a more detailed inspection.
• More detailed inspections are reserved for high-risk profile vessels, passenger ships, and oil, gas, chemical and bulk carriers over 12 years of age.
• 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.
• National authorities may refuse port access to ships which have been detained more than twice during the previous 2 to 3 years.
• Shipowners or operators may appeal against any detention or refusal of access.
• 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.
• The legislation does not cover:
  • fishing or naval support vessels;
  • warships;
  • certain types of wooden ships; or
  • private yachts.
• 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.