In order to provide some clarity regarding Port State Control, EMSA published a Q&A answering the most frequent questions on the ban list and on the banning procedures.
Q. Which bans can be imposed according to the Directive 2009/16/EC?
A. The ban due to multiple detentions, the ban for jumped detention, and the ban for not calling into the indicated repair yard.
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.
[smlsubform prepend=”GET THE SAFETY4SEA IN YOUR INBOX!” showname=false emailtxt=”” emailholder=”Enter your email address” showsubmit=true submittxt=”Submit” jsthanks=false thankyou=”Thank you for subscribing to our mailing list”]
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 1st 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.
