EU PSC provisions
PSC Directive inspection regime
Member States shall apply port State control provisions for ships in accordance with the PSC Directive (Directive 2009/16/EC, OJ L 131, 28-5-2009, p.57). This control shall be limited to checking that either an Inventory Certificate or a Ready for Recycling Certificate is kept on board ships flying the flag of a Member State of the Union. Ships flying the flag of a third country should always be in a position to submit a copy of the Statement of Compliance together with the Inventory.
It should be noted that, any initial check of the SR certificates or the PSCO’s observations of the ship may reveal clear grounds to imply that the ship is not in compliance with the EUSRR. In this case, the PSCO will continue the inspection under the EUSRR regime.
SRR inspection regime (outside the scope of the PSC Directive)
In addition, Member States shall apply port State control provisions for ships in accordance with Article 11 or Article 12 of the Regulation as appropriate, and they may carry out detailed inspections to enforce the relevant provisions of the Regulation.
Port State control in accordance with the Directive 2009/16/EC should not be confused with the application of port State control, in accordance with the provisions of the SRR, i.e. the capability of a Member State to ask for respective documentation and, if appropriate, perform detailed inspections on board a foreign flagged ship to verify compliance with the EUSRR as applicable.
In conclusion, EUSRR inspections shall be initiated under the PSC Directive regime and may also be initiated by a port State outside the scope of the PSC Directive.
For ships flying the flag of a third country, an IHM should also be on board after 31/12/2020. Therefore, for existing ships and for ships flying the flag of a third country, an IC or a SoC respectively may be controlled after 31/12/2020.
PSC inspections are limited to verifying that there is on board either an IHM Certificate / SoC or a RfR Certificate (EU SRR Art.11).
- If a vessel does not carry a valid IHM C/SoC or RfR Certificate, or;
- If there are clear grounds for believing that:
- - the condition of the vessel or its equipment does not correspond substantially with the particulars of the certificate, and/or Part I of the IHM; or
- -there is no procedure implemented on board the vessel for the maintenance of Part I of the IHM;
a detailed inspection may be carried out taking into account relevant IMO/EU guidelines.
Examples of CLEAR GROUNDS for more detail inspection
- IC or Soc missing or clearly invalid;
- IHM missing or clearly invalid or is not specific to the ship;
- IHM has not been verified by Flag State or RO;
- Certificates and the IHM not (originally or translated) into one of the following languages: English, French or Spanish;
- Absence of structure or equipment identified in Part I of IHM;
- Absence of an entry in Part I of IHM I that the inspector suspects to contain Hazardous Materials listed in Annex I and II of the SRR;
An ‘invalid certificate’ is a document issued not in accordance with the provisions of the EUSRR (e.g. issued from a non-competent organisation, no IHM provided, IHM has not been verified as appropriate, IHM does not include all HM as referred to in the EUSRR etc).
Vessel may be warned, detained, dismissed or excluded from the ports or offshore terminals under the jurisdiction of a Member State in the event that it fails to submit to the relevant authorities of that Member State a copy of the IHM or the ready for recycling certificate, as appropriate and on request of those authorities, without prejudice to Article 9 (EU SRR Article 11).
Enforcement mechanism – (EMSA Guidance)
Resolution MEPC.223(64) Inspection Guidelines
EU: Guidance on SRR inspections