Q. Which bans can be imposed according to the Directive 2009/16/EC?

A. The ban due to multiple detentions (Article 16), the ban for jumped detention (Article 21.4), and the ban for not calling into the indicated repair yard (Article 21.4).

Q. Which ship types can be banned under Article 16 (multiple detentions)?

A. All ship types.

Q. What are the “Black”, “Grey” and ”White” lists published by the Paris MOU?

A. The “Black”, “Grey” and “White” (BGW) lists present the full spectrum, from quality flags (“White” list) to flags with a poor performance (“Black” list) that are considered: medium risk, medium to high risk, high risk and very high risk. It is based on the total number of inspections and detentions over a 3-year rolling period for flags with at least 30 inspections in the period. Flags with an average performance are shown on the “Grey” list. Their appearance on this list may act as an incentive to improve and move to the “White” list.

Q. Which lists are used as the reference for applying a ban under Article 16?

A. The “Black” and “Grey” lists in the Paris MoU annual report, which are applicable from 1^st of July of the year following the report until 30 June the year after (e.g. the 2009 lists are effective from 1/7/2010 until 30/6/2011). For a ship flying a “Black” listed flag, more than two detentions are required within the previous 36 months for the ship to be banned and for a ship flying a “Grey” listed flag, more than two detentions are required within the previous 24 months.

Q. What happens to ships which change flag during the 24/36 month period of reference?

A. Only the flag of the ship at the time of the latest detention is used to determine the flag risk category and to apply the ban.

Q. What happens if the ship changes to a lower risk category or to a non-Black or a non-Grey listed flag after the ban is imposed?

A. The ban will still apply and can only be lifted following the normal procedures described in Annex VIII to Directive 2009/16/EC.

Q. Does a detention imposed by a non- EU member State count towards a ban decision?

A. The ban takes into account detentions issued by all states which are members of the Paris MoU on port state control.

Q. Can a State ban a vessel under Article 16 without having first detained her?

A. No. The banning authority can apply the refusal of access order only to vessels which have been authorised to leave a port after a detention.

Q. What is the minimum duration of ban?

A. The minimum duration of ban is applied only for the ban due to multiple detentions (Article 16). When the ship is banned for the first time, the ban can only be lifted after a minimum period of 3 months. If the same ship is banned second time the ban can only be lifted after 12 months and if the same ship is banned third time, the ban can only be lifted after 24 months. Any subsequent detention after the third ban shall result in a permanent ban.

Article 16 of Directive 16/2009/EC - Access refusal measures concerning certain ships

1.     A Member State shall refuse access to its ports and anchorages to any ship which:

• flies the flag of a State whose detention rate falls into the black 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 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 of the Paris MOU, or
• flies the flag of a State whose detention rate falls into the grey list, adopted in accordance with the Paris MOU on basis of information recorded in the inspection database and published annually by the Commission, and 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 of the Paris MOU,

The first suparagraph shall not apply to the situations described in Article 21(6).

The refusal of access shall become 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.

2.     The refusal of access order shall be lifted only after a period of three months has passed from the date of issue of the order and when the conditions in paragraphs 3 to 9 of Annex VIII are met. If the ship is subject to a second refusal of access, the period shall be 12 months.

3.     Any subsequent detention in a port or anchorage within the Community shall result in the ship being refused access to any port and anchorage within the Community. This third refusal of access order may be lifted after a period of 24 months has passed from the issue of the order and only if:

• the ship flies the flag of a State whose detention rate falls neither into the black list nor the grey list referred to in paragraph 1,
• 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 of 23 April 2009 on common rules and standards for ship inspection and survey organisations (recast),
• the ship is managed by a company with a high performance according to Annex I, Part I.1, and
• the conditions in paragraphs 3 to 9 of Annex VIII are met.

Any ship not meeting the criteria specified in this paragraph, after a period of 24 months has passed from the issue of the order, shall be permanently refused access to any port and anchorage within the Community.

4.     Any subsequent detention in a port or anchorage within the Community after the third refusal of access shall result in the ship being permanently refused access to any port and anchorage within the Community.

5.     For the purpose of this Article, Member States shall comply with the procedures laid down in Annex VIII.

Article 21 of Directive 16/2009/EC - Follow-up to inspections and detentions

1.     Where deficiencies which are clearly hazardous to safety, health or the environment cannot be rectified in the port of inspection, the competent authority of that Member State may allow the ship concerned to proceed without undue delay to the appropriate repair yard nearest to the port of detention, as chosen by the master and the authorities concerned, where follow-up action can be taken, provided that the conditions determined by the competent authority of the flag State and agreed by that Member State are complied with. Such conditions shall ensure that the ship can proceed without risk to the safety and health of passengers or crew, or risk to other ships, or without there being an unreasonable threat of harm to the marine environment.

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4.   Member States shall take measures to ensure that access to any port or anchorage within the Community is refused to ships referred to in paragraph 1 which proceed to sea:

(a) Without complying with the conditions determined by the competent authority of any    Member State in the port of inspection; or

(b) Which refuse to comply with the applicable requirements of the Conventions by not calling into the indicated repair yard

Such refusal shall be maintained until the owner or operator provides evidence to the satisfaction of the competent authority of the Member State where the ship was found defective, demonstrating that the ship fully complies with all applicable requirements of the Conventions.