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)

Article 1

Purpose

The purpose of this Directive is to help to drastically reduce substandard shipping in the waters under the jurisdiction of Member States by:

• (a) increasing compliance with international and relevant Community legislation on maritime safety, maritime security, protection of the marine environment and on-board living and working conditions of ships of all flags;

• (b) establishing common criteria for control of ships by the port State and harmonising procedures on inspection and detention, building upon the expertise and experience under the Paris MOU;

• (c) implementing within the Community a port State control system based on the inspections performed within the Community and the Paris MOU region, aiming at the inspection of all ships with a frequency depending on their risk profile, with ships posing a higher risk being subject to a more detailed inspection carried out at more frequent intervals.

Article 2

Definitions

For the purposes of this Directive the following definitions shall apply:

• 1. ‘Conventions’ means the following Conventions, with the Protocols and amendments thereto, and related codes of mandatory status, in their up-to-date version:
• (a) the International Convention on Load Lines, 1966 (LL 66);
• (b) the International Convention for the Safety of Life at Sea, 1974 (SOLAS 74);
• (c) the International Convention for the Prevention of Pollution from Ships, 1973, and the 1978 Protocol relating thereto (Marpol 73/78);
• (d) the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (the ‘STCW Convention’);
• (e) the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (Colreg 72);
• (f) the International Convention on Tonnage Measurement of Ships, 1969 (ITC 69); —————
• (h) the International Convention on Civil Liability for Oil Pollution Damage, 1992 (CLC 92);
• (i) the Maritime Labour Convention, 2006 (MLC 2006);
• (j) the International Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001 (AFS 2001);
• (k) the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (Bunkers Convention, 2001);
• (l) the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004 (the ‘BWM Convention’);
• (m) the Nairobi International Convention on the Removal of Wrecks, 2007 (the ‘Nairobi Convention’);
• (n) the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009 (the ‘Hong Kong Convention’).

• 1. ‘Paris MOU’ means the Memorandum of Understanding on Port State Control, signed in Paris on 26 January 1982, in its up-to-date version.

• 1. ‘Paris MOU region’ means the geographical area in which the signatories to the Paris MOU conduct inspections in the context of the Paris MOU.

• 1. ‘Ship’ means any seagoing vessel to which one or more of the Conventions apply, flying a flag other than that of the port State.

• 1. ‘Ship/port interface’ means the interactions that occur when a ship is directly and immediately affected by actions involving the movement of persons or goods or the provision of port services to or from the ship.

• 1. ‘Ship at anchorage’ means a ship in a port or another area within the jurisdiction of a port, but not at berth, carrying out a ship/port interface.

• 1. ‘Inspector’ means a public-sector employee or other person, duly authorised by the competent authority of a Member State to carry out port-State control inspections, and responsible to that competent authority.

• 8a. ‘Inspection’ means a verification of the condition of the ship, its equipment and its crew, based on the applicable Conventions and carried out by an inspector. The inspection is not a survey for the issuing, endorsement or renewal of statutory certificates, and the ensuing inspection report provided to the master of the ship is not a certificate.

• 1. ‘Competent authority’ means a maritime authority responsible for port State control in accordance with this Directive.

• 1. ‘Night time’ means any period of not less than seven hours, as defined by national law, and which must include, in any case, the period between midnight and 5.00.

• 1. ‘Initial inspection’ means an inspection on board a ship by an inspector, including at least the checks required under Article 13(1).

• 1. ‘More detailed inspection’ means an inspection that includes the elements of an initial inspection where the ship and its equipment and crew as a whole or, as appropriate, parts thereof, are subjected, in the circumstances specified in Article 13(3), to an in-depth examination covering the ship’s construction, equipment, manning, living and working conditions and compliance with on-board operational procedures.

• 1. ‘Expanded inspection’ means an inspection that includes at least the items listed in Annex VII and the elements of an initial inspection. An expanded inspection may include a more detailed inspection whenever there are clear grounds in accordance with Article 13(3).

• 1. ‘Complaint’ means any information or report submitted by any person or organisation with a legitimate interest in the safety of the ship, including an interest in safety or health hazards to its crew, on-board living and working conditions and the prevention of pollution.

• 1. ‘Detention’ means the formal prohibition for a ship to proceed to sea due to established deficiencies which, individually or together, make the ship unseaworthy.

• 1. ‘Refusal of access order’ means a decision issued to the master of a ship, to the company responsible for the ship and to the flag State notifying them that the ship will be refused access to all ports and anchorages of the Community.

• 1. ‘Stoppage of an operation’ means a formal prohibition for a ship to continue an operation due to established deficiencies which, individually or together, would render the continued operation hazardous.

• 1. ‘Company’ means the owner of the ship or any other organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the owner of the ship and who, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Safety Management (ISM) Code.

• 1. ‘Recognised Organisation’ means a classification company or other private body, carrying out statutory tasks on behalf of a flag State administration.

• 1. ‘Statutory certificate’ means a certificate issued by or on behalf of a flag State in accordance with the applicable Conventions.

• 1. ‘Classification certificate’ means a document confirming compliance with SOLAS 74, Chapter II-1, Part A-1, Regulation 3-1.

• 1. ‘Inspection database’ means the information system contributing to the implementation of the port State control system within the Community and concerning the data related to inspections carried out in the Community and the Paris MOU region.

• 1. ‘Maritime labour certificate’ means the certificate referred to in Regulation 5.1.3 of MLC 2006.

• 1. ‘Declaration of maritime labour compliance’ means the declaration referred to in Regulation 5.1.3 of MLC 2006.

• 1. ‘ro-ro passenger ship’ means a ship with facilities to enable road or rail vehicles to roll on and roll off the vessel, and carrying more than 12 passengers.

• 1. ‘high-speed passenger craft’ means a craft as defined in Regulation 1 of Chapter X of SOLAS 74, and carrying more than 12 passengers.

• 1. ‘regular service’ means a series of ro-ro passenger ship or high-speed passenger craft crossings operated so as to serve traffic between the same two or more ports, or a series of voyages from and to the same port without intermediate calls, either:
• (i) according to a published timetable; or
• (ii) with crossings so regular or frequent that they constitute a recognisable systematic series.

All the references in this Directive to the Conventions, international codes and resolutions, including for certificates and other documents, shall be deemed to be references to those Conventions, international codes and resolutions in their up-to-date versions.

Article 3

Scope

France may decide that the ports and anchorages covered by this paragraph do not include ports and anchorages situated in the overseas departments referred to in Article 299(2) of the Treaty.

If a Member State performs an inspection of a ship in waters within its jurisdiction, other than at a port, it shall be considered as an inspection for the purposes of this Directive.

Nothing in this Article shall affect the rights of intervention available to a Member State under the relevant Conventions.

Member States which do not have seaports and which can verify that of the total number of individual vessels calling annually over a period of the three previous years at their river ports, less than 5 % are ships covered by this Directive, may derogate from the provisions of this Directive.

Member States which do not have seaports shall communicate to the Commission at the latest on the date of transposition of the Directive the total number of vessels and the number of ships calling at their ports during the three-year period referred to above and shall inform the Commission of any subsequent change to the abovementioned figures.

This Directive shall also apply to inspections of ro-ro passenger ships and high-speed passenger craft carried out outside a port or away from an anchorage during a regular service in accordance with Article 14a.

4a. Member States may carry out port State control inspections of fishing vessels of 24 metres in length and over. The Commission, in cooperation with the State signatories to the Paris MoU, may adopt guidelines establishing the detailed arrangements for such a parallel and separate specific port State control regime for those fishing vessels.

Article 4

Inspection powers

Article 5

Inspection system and annual inspection commitment

• (a) inspect all Priority I ships, referred to in Article 12(a), calling at its ports and anchorages; and

• (b) carry out annually a total number of inspections of Priority I and Priority II ships, referred to in Article 12(a) and (b), corresponding at least to its share of the total number of inspections to be carried out annually within the Community and the Paris MOU region. The inspection share of each Member State shall be based on the number of individual ships calling at ports of the Member State concerned in relation to the sum of the number of individual ships calling at ports of each State within the Community and the Paris MOU region.

2a. Inspections of ships carried out by a Member State that exceed the annual inspection commitment of that Member State by 20 % or more shall not be taken into account when calculating the annual inspection commitments of the parties to the Paris MoU.

Article 6

Detailed arrangements for compliance with the inspection commitment

Article 7

Detailed arrangements for a balanced inspection commitment across the Union

Article 8

Postponement of inspections and exceptional circumstances

• (a) if the inspection could be carried out at any subsequent call of the ship in the same Member State within 15 days of the actual time of departure, provided that the ship does not call at any other port within the Union or the Paris MoU region in between, except any ports of the ship’s flag State;

• (b) if the inspection could be carried out in another port of call within the Union or the Paris MoU region within 15 days of the actual time of departure, provided that the State in which such a port of call is located has agreed in advance to carry out that inspection; or

• (c) if the inspection of a ship, including ro-ro passenger ships or high-speed passenger craft operating on a regular service, could be carried out in the same port of call within 15 days of the actual time of departure.

Where a Member State decides to postpone an inspection pursuant to the first subparagraph, that postponed inspection shall not count towards that Member State’s compliance with its annual inspection commitment referred to in Articles 6 and 7 if the postponed inspection is recorded as such in the inspection database.

• (a) the competent authority considers that the inspection would create a risk to the safety of inspectors, the ship or its crew, or to the port, or to the marine environment;

• (b) the ship call at port takes place only during night time; or

• (c) the duration of the ship call is too short for the inspection to be carried out satisfactorily.

Where the circumstances under point (b) apply, Member States shall take the measures necessary to ensure that ships which regularly call during night time are inspected as appropriate.

• (a) the ship is inspected in another port or anchorage within the Union or the Paris MoU region in accordance with Annex I within 15 days of the actual time of departure;

• (b) the ship call at port takes place only during night time or the duration of the call is too short for the inspection to be carried out satisfactorily, and the reason for not carrying out the inspection is recorded in the inspection database; or

• (c) the competent authority considers that the inspection would create a risk to the safety of inspectors, the ship or its crew, or to the port or to the marine environment, and the reason for not carrying out the inspection is recorded in the inspection database.

Article 10

Ship risk profile

• (a) Generic parameters Generic parameters shall be based on the type, age, flag, recognised organisations involved and company performance in accordance with Annex I, Part I.1, and Annex II.

• (b) Historical parameters Historical parameters shall be based on the number of deficiencies and detentions during a given period in accordance with Annex I, Part I.2, and Annex II.

• (c) Environmental parameters Environmental parameters shall be based on the number of deficiencies relating to Marpol 73/78, AFS 2001, the BWM Convention, CLC 92, the Bunkers Convention, 2001, the Nairobi Convention and the Hong Kong Convention in accordance with Annex I, Part I.3, and Annex II.

Article 11

Frequency of inspections

Ships calling at ports or anchorages within the Community shall be subject to periodic inspections or to additional inspections as follows:

• (a) Ships shall be subject to periodic inspections at predetermined intervals depending on their risk profile in accordance with Annex I, Part I. The interval between periodic inspections of ships shall increase as the risk decreases. For high risk ships, this interval shall not exceed six months.

• (b) Ships shall be subject to additional inspections regardless of the period since their last periodic inspection as follows:
• — the competent authority shall ensure that ships to which overriding factors listed in Annex I, Part II 2A, apply are inspected,
• — ships to which unexpected factors listed in Annex I, Part II 2B, apply may be inspected. The decision to undertake such an additional inspection is left to the professional judgement of the competent authority.

Article 12

Selection of ships for inspection

The competent authority shall ensure that ships are selected for inspection on the basis of their risk profile as described in Annex I, Part I, and when overriding or unexpected factors arise in accordance with Annex I, Part II 2A and 2B.

With a view to the inspection of ships, the competent authority:

• (a) shall select ships which are due for a mandatory inspection, referred to as ‘Priority I’ ships, in accordance with the selection scheme described in Annex I, Part II 3A;

• (b) may select ships which are eligible for inspection, referred to as ‘Priority II’ ships, in accordance with Annex I, Part II 3B.

Article 13

Initial and more detailed inspections

Member States shall ensure that ships which are selected for inspection in accordance with Article 12 or Article 14a are subject to an initial inspection or a more detailed inspection as follows:

• 1. On each initial inspection of a ship, the competent authority shall ensure that the inspector, as a minimum:
• (a) checks the certificates and documents listed in Annex IV required to be kept on board in accordance with Community maritime legislation and Conventions relating to safety and security;
• (b) verifies, where appropriate, whether outstanding deficiencies found during the previous inspection carried out by a Member State or by a State signatory to the Paris MOU have been rectified;
• (c) is satisfied with the overall condition, including hygiene, of the ship, including the engine room and accommodation.

• 1. A more detailed inspection shall be carried out, including further checking of compliance with on-board operational requirements, whenever there are clear grounds for believing, after the inspection referred to in point 1, that the condition of a ship or of its equipment or crew does not substantially meet the relevant requirements of a Convention. ‘Clear grounds’ shall exist when the inspector finds evidence which in his professional judgement warrants a more detailed inspection of the ship, its equipment or its crew. Examples of ‘clear grounds’ are set out in Annex V.

Article 14

Expanded inspections

• (a) ships with a high risk profile;

• (b) passenger ships, bulk carriers, oil tankers, gas carriers, noxious liquid substances (NLS) tankers or chemical tankers, older than 12 years of age;

• (c) ships with a high risk profile or passenger ships, bulk carriers, oil tankers, gas carriers, NLS tankers or chemical tankers, older than 12 years of age, in cases of overriding or unexpected factors;

• (d) ships subject to an inspection following a refusal of access order issued in accordance with Article 16 and Article 21(4).

Without prejudice to control measures required for security purposes, the ship shall remain in the port until the inspection is completed.

Article 14a

Inspection of ro-ro passenger ships and high speed passenger craft in regular service

4a. The operator or master of the ship shall ensure that sufficient time is available in the operating schedule to allow the inspections provided for in point 1.1 and point 2(a) of Annex XVII to be carried out.

Article 15

Safety and security guidelines and procedures

Article 16

Access refusal measures concerning certain ships

• (a) flies the flag of a State that appears on the low performance list, adopted in accordance with the Paris MoU on the basis of information recorded in the inspection database and published annually by the Commission, and which has been detained more than twice in the course of the preceding 36 months in a port or anchorage of a Member State or of a State signatory to the Paris MoU; or

• (b) flies the flag of a State that appears on the high or medium performance list, adopted in accordance with the Paris MoU on the basis of information recorded in the inspection database and published annually by the Commission, and which has been detained more than twice in the course of the preceding 24 months in a port or anchorage of a Member State or of a State signatory to the Paris MoU.

The first subparagraph of this paragraph shall not apply in the situations referred to in Article 21(6).

The refusal of access shall be applicable as soon as the ship leaves the port or anchorage where it has been the subject of a third detention and where a refusal of access order has been issued.

If the ship is subject to a second refusal of access order, that refusal of access order shall be lifted only after a period of 12 months.

• (a) the ship flies the flag of a State whose detention rate appears neither on the low performance list nor on the medium performance list;

• (b) the statutory and classification certificates of the ship are issued by an organisation or organisations recognised under Regulation (EC) No 391/2009 of the European Parliament and of the Council ([^E0003]);

• (c) the ship is managed by a company with a high performance according to Annex I, Part I.1; and

• (d) the conditions listed in points 3 to 6 of Annex VIII are met.

Any ship not meeting the criteria listed in the first subparagraph, after a period of 24 months has passed from the date of issue of the refusal of access order, shall be permanently refused access to any port or anchorage within the Union.

4a. A ship flying the flag of a State that appears on the high performance list, that has been refused access three times or more and that is detained in a port or anchorage of the Union at the time of its first inspection in the Union since that third or any subsequent refusal of access, shall:

• (a) be refused access to any Union port or anchorage for a period of 24 months, if the statutory and classification certificates of the ship are issued by an organisation or organisations recognised under Regulation (EC) No 391/2009;

• (b) be permanently refused access to any Union port or anchorage if the statutory and classification certificates of the ship are not issued by an organisation or organisations recognised under Regulation (EC) No 391/2009.

4b. Refusal of access periods for multiple detentions shall be extended by 12 months in cases where a refusal of access measure in accordance with Article 21(4) applies.

Article 17

Report of inspection to the master

On completion of an inspection, the inspector shall draw up an inspection report in accordance with Annex IX. The master of the ship shall be provided with a copy of the inspection report.

Where, following a more detailed inspection, the living and working conditions on the ship are found not to conform to the requirements of MLC 2006, the inspector shall forthwith bring the deficiencies to the attention of the master of the ship, with required deadlines for their rectification.

In the event that the inspector considers such deficiencies to be significant, or if they relate to a possible complaint under point 19 of Part A of Annex V, the inspector shall also bring the deficiencies to the attention of the appropriate seafarers’ and shipowners’ organisations in the Member State in which the inspection is carried out, and may:

• (a) notify a representative of the flag State;

• (b) provide the competent authorities of the next port of call with the relevant information.

In respect of matters concerning MLC 2006, the Member State in which the inspection is carried out shall have the right to transmit a copy of the inspector’s report, to be accompanied by any reply received from the competent authorities of the flag State within the prescribed deadline, to the Director-General of the International Labour Office with a view to such action as may be considered appropriate and expedient in order to ensure that a record is kept of such information and that it is brought to the attention of parties who might be interested in availing themselves of relevant recourse procedures.

Article 18

Complaints

All complaints shall be subject to a rapid initial assessment by the competent authority. This assessment shall make it possible to determine whether a complaint is justified.

Should that be the case, the competent authority shall take the necessary action on the complaint, in particular, ensuring that anyone directly concerned by that complaint can make their views known.

Where the competent authority deems the complaint to be manifestly unfounded, it shall inform the complainant of its decision and of the reasons therefor.

The identity of the complainant shall not be revealed to the master or the shipowner of the ship concerned. The inspector shall take appropriate steps to safeguard the confidentiality of complaints made by seafarers, including ensuring confidentiality during any interviews of seafarers.

Member States shall inform the flag State administration, with a copy to the International Labour Organisation (ILO) if appropriate, of complaints not manifestly unfounded and of follow-up actions taken.

Article 18a

Onshore MLC 2006 complaint-handling procedures

Such submissions are provided in order that, on the basis of such action as may be considered appropriate and expedient, a record is kept of such information and brought to the attention of parties, including seafarers’ and shipowners’ organisations, which might be interested in availing themselves of relevant recourse procedures.

Article 19

Rectification and detention

2a. In the case of living and working conditions on board which are clearly hazardous to the safety, health or security of seafarers or deficiencies which constitute a serious or repeated breach of MLC 2006 requirements (including seafarers’ rights), the competent authority of the port State where the ship is being inspected shall ensure that the ship is detained or that the operation in the course of which the deficiencies are revealed is stopped.

The detention order or stoppage of an operation shall not be lifted until those deficiencies have been rectified or if the competent authority has accepted a plan of action to rectify those deficiencies and it is satisfied that the plan will be implemented in an expeditious manner. Prior to accepting a plan of action, the inspector may consult the flag State.

If such deficiency cannot be readily rectified in the port of detention, the competent authority may either allow the ship to proceed to the appropriate repair yard nearest to the port of detention where it may be readily rectified or require the deficiency to be rectified within a maximum period of 30 days, as provided for in the guidelines developed by the Paris MOU. For these purposes, the procedures laid down in Article 21 shall apply.

Port authorities or bodies shall cooperate with the competent authority with a view to facilitating the accommodation of detained ships.

Article 20

Right of appeal

• (a) Member States shall ensure that the inspection database is amended accordingly without delay;

• (b) the Member State where the detention order or refusal of access order is issued shall, within 24 hours of such a decision, ensure that the information published in accordance with Article 26 is rectified.

Article 21

Follow-up to inspections and detentions

The competent authority of a Member State receiving such notification shall inform the notifying authority of the action taken.

• (a) proceed to sea without complying with the conditions determined by the competent authority of any Member State in the port of inspection; or

• (b) are permitted to proceed to sea on condition that they comply with the applicable requirements of the Conventions by subsequently calling at the repair yard indicated pursuant to paragraph 1 of this Article, but fail to do so.

The refusal of access order shall become applicable from the date of its issuing. The refusal of access order shall be lifted only after a period of 12 months has passed from the date of issue of that order and when the conditions listed in points 3 to 6 of Annex VIII are met.

In the circumstances referred to in paragraph 4, first subparagraph, point (b), the competent authority of the Member State in which the repair yard lies shall inform the authority of the Member State where the ship was found to be defective whether the ship has arrived. When the competent authority of the Member State where the ship was found to be defective becomes aware that the ship has not called at that repair yard, it shall immediately alert the competent authorities of all the other Member States.

In the circumstances referred to in paragraph 4, first subparagraph, point (b), if the repair yard indicated pursuant to paragraph 1 is not in a Member State and the competent authority of the Member State where the ship was found to be defective becomes aware that the ship has not called at that repair yard, it shall immediately alert the competent authorities of all the other Member States.

Before refusing access to the ship, the Member State may request consultations with the flag State administration of the ship concerned.

Article 22

Professional profile of inspectors

In cooperation with the Member States and the State signatories to the Paris MoU, the Commission shall, on a continuous basis, identify and respond to new training needs, providing input to amend the curricula, syllabi and content of the training programme for inspectors, especially as regards new maritime safety challenges related to environmental, social and labour issues and new technologies, as well as providing input in relation to the additional obligations arising from the relevant instruments.

Article 23

Reports from pilots and port authorities

• — ship information (name, IMO identification number, call sign and flag),

• — sailing information (last port of call, port of destination),

• — description of apparent anomalies found on board.

Article 24

Inspection database

The inspection database shall contain all the information required for the implementation of the inspection system set up under this Directive and shall include the functionalities set out in Annex XII.

Within 72 hours, Member States shall ensure that the information transferred to the inspection database is validated for publication purposes. The inspection report shall be validated, before its transfer to the database, if feasible, by a port State control inspector or another duly authorised employee of the competent authority who was not part of the team that carried out the inspection.

Member States shall have access to all the information recorded in the inspection database which is relevant for implementing the inspection procedures of this Directive.

Member States and third signatories to the Paris MOU shall be granted access to any data they have recorded in the inspection database and to data on ships flying their flag.

Article 24a

Electronic certificates

The Commission shall, in close cooperation with the Member States, adopt implementing acts laying down the functional and technical specifications for a validation tool for electronic statutory certificates. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 31(2).

Article 25

Exchange of information and cooperation

Each Member State shall ensure that its port authorities or bodies and other relevant authorities or bodies provide the competent authority with the following types of information in their possession:

• (a) information concerning ships which have failed to notify any information in accordance with the requirements of this Directive, Directive 2002/59/EC and Directive (EU) 2019/883 of the European Parliament and of the Council ([^E0006]), as well as, if appropriate, of Regulation (EC) No 725/2004;

• (b) information concerning ships which have proceeded to sea without having complied with Article 7 of Directive (EU) 2019/883;

• (c) information concerning ships which have been denied entry or expelled from port on security grounds;

• (d) information on apparent anomalies reported in accordance with Article 23.

Article 26

Publication of information

The Commission shall make available and maintain on a public website the information on inspections, detentions and refusals of access in accordance with Annex XIII, building upon the expertise and experience under the Paris MOU.

Article 27

Publication of a list of companies with a low and very low performance

The Commission shall establish and publish regularly on a public website information relating to companies whose performance, in view of determining the ship risk profile referred to in Annex I Part I, has been considered as low and very low for a period of three months or more.

Implementing powers shall be conferred on the Commission to establish the detailed arrangements for publication of the information referred to in the first paragraph, the criteria for aggregating the relevant data and the frequency of updates. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 31(3).

Article 28

Reimbursement of costs

Article 29

Data to monitor implementation

Member States shall provide the Commission with the information listed in Annex XIV at the intervals stated in that Annex.

Article 30

Monitoring of compliance and performance of Member States

In order to ensure the effective implementation of this Directive and to monitor the overall functioning of the Union’s port State control regime in accordance with Regulation (EC) No 1406/2002, the Commission shall collect the necessary information and carry out visits to Member States.

Each Member State shall develop, implement and maintain a quality management system covering the operational parts of the port State-related activities of its administration directly involved in inspections. That quality management system shall be certified in accordance with applicable international quality standards by 6 July 2032.

Article 30a

Delegated acts

The Commission shall adopt delegated acts in accordance with Article 30b, to amend Article 2, point (1), with regard to the list of Conventions set out therein, once such Conventions have been adopted as a relevant instrument under the Paris MoU, and to amend Annex VI in order to add to or update the list of procedures, guidelines, instructions and circulars, relating to port State control, adopted under the Paris MoU and set out in that Annex.

Article 30b

Exercise of the delegation

Article 31

Committee

Where the committee delivers no opinion on a draft implementing act to be adopted pursuant to Articles 10(3), 23(5) and the second paragraph of Article 27 respectively, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

Article 31a

Amendments to the Conventions

The amendments to the Conventions shall apply without prejudice to the conformity checking procedure set out in Article 5 of Regulation (EC) No 2099/2002.

Article 33

Implementing acts

When adopting the implementing acts referred to in Articles 10(3), 14(4), 15(4), 18a(7), 23(5), 24a(1) and Article 27, second paragraph, in accordance with the procedures referred to in Article 31(2), the Commission shall take specific care to ensure that those acts take into account the expertise and experience gained with the inspection system in the Union and build upon the expertise of the Paris MoU.

Article 34

Penalties

Member States shall lay down a system of penalties for the breach of national provisions adopted pursuant to this Directive and shall take all the measures necessary to ensure that those penalties are applied. The penalties provided for shall be effective, proportionate and dissuasive.

Article 35

Implementation review

The Commission shall, by 6 July 2032 and every 5 years thereafter, submit a report to the European Parliament and the Council on the implementation of, and compliance with, this Directive. On the basis of that report, the Commission shall determine whether it is necessary to submit a legislative proposal for the amendment of this Directive or for further legal acts in this area.

After the IMO has concluded the revision of its carbon intensity indicator (CII), the Commission shall assess the suitability of that CII as an environmental parameter used for the determination of a risk profile of a ship under this Directive. On the basis of that assessment, the Commission shall consider a legislative proposal, as appropriate.

Article 36

Implementation and notification

They shall apply those provisions from 1 January 2011.

Article 37

Repeal

Directive 95/21/EC, as amended by the Directives listed in Annex XV, Part A, is hereby repealed, with effect from 1 January 2011, without prejudice to the obligations of Member States relating to the time limits for transposition into national law of the Directives set out in Annex XV, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex XVI to this Directive.

Article 38

Entry into force

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Article 39

Addressees

This Directive is addressed to the Member States.

ANNEX I

ELEMENTS OF THE UNION PORT STATE INSPECTION SYSTEM

(referred to in Article 5)

The following elements shall be included in the Union Port State Inspection System: