COMMISSION REGULATION (EU) No 428/2010
of 20 May 2010
implementing Article 14 of Directive 2009/16/EC of the European Parliament and of the Council as regards expanded inspections of ships
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (1), and in particular Article 14(4) thereof,
Whereas:
(1)
When carrying out an expanded inspection of a ship, the port State control officer should be guided by a list of specific items to be verified, subject to their practical feasibility or any constraints relating to the safety of persons, the ship or the port.
(2)
With regard to the identification of the specific items to be verified in the course of an expanded inspection of any of the risk areas listed in Annex VII to Directive 2009/16/EC, it appears necessary to build upon the expertise of the Paris Memorandum of Understanding on Port State Control.
(3)
The Port State Control Officers should use their professional judgement to determine the applicability of and the appropriate depth of examination of, each specific item.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS),
HAS ADOPTED THIS REGULATION:
Article 1
List of specific items to be verified in an expanded inspection
An expanded inspection as referred to in Article 14 of Directive 2009/16/EC shall, where applicable, as a minimum comprise the verification of the specific items listed in the Annex to this Regulation.
In the case where no specific areas are indicated for a particular type of ship, as defined in Directive 2009/16/EC, the inspector shall use his professional judgement to decide which items must be inspected, and to what extent, in order to check the overall condition in these areas.
Article 2
Entry into force and application
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 May 2010.