Amendment of Merchant Shipping (Port State Control) Regulations 1995
8. After regulation 7 there shall be inserted the following—
“Procedure in case certain ships cannot be inspected
7A—(1) In cases where, for operational reasons, the Maritime and Coastguard Agency is unable to carry out an inspection of a ship with a target factor of more than 50 as referred to in regulation 5(2)(a) or a mandatory expanded inspection as referred to in regulation 7(4), it shall, without delay, inform the Sirenac information system that such inspection did not take place.
(2) The Maritime and Coastguard Agency shall, at intervals of six months, notify the cases referred to in paragraph (1) to the European Commission together with the reasons for not inspecting the ships concerned.
(3) During any calendar year, such cases of non-inspection shall not exceed 5% of the average annual number of individual ships eligible for the inspections referred to in paragraph (1) calling at ports in the United Kingdom, calculated on the basis of the three most recent calendar years for which statistics are available.
(4) Where a ship, which for operational reasons was not subject to an inspection of the type referred to in regulation 5(2)(a) or a mandatory expanded inspection of the type referred to in regulation 7(4) at its previous call at a port in a member State, including the United Kingdom, visits a port in the United Kingdom, it shall be inspected, as appropriate, by the Maritime and Coastguard Agency.
Access refusal measures concerning certain ships
7B—(1) This regulation applies to a ship falling within one of the categories of Annex XII, section A of MSN 1775.
(2) Subject to paragraph (6) below, where a ship to which this regulation applies—
(a)flies the flag of a State appearing in the black list as published in the annual report of the MOU and has been detained more than twice in the preceding 24 months in a port of a State signatory to the MOU; or
(b)flies the flag of a State described as “high risk” or “very high risk” in the black list referred to in paragraph (a) above and has been detained more than once in the preceding 36 months in a port of a State signatory to the MOU
and an access refusal notice has previously been served on it, the ship shall not enter any port in the United Kingdom.
(3) The prohibition referred to in paragraph (2) above shall apply at any time after the ship has been authorised to leave the port where it has been the subject of a second or third detention as the case may be.
(4) Subject to paragraph (6) below, where a ship to which this regulation applies calls at a United Kingdom port and is detained there—
(a)for the third time in the preceding 24 months if it is a ship which flies the flag of a State appearing in the black list referred to in paragraph (2)(a) above; or
(b)for the second time in the preceding 36 months if it is a ship which flies the flag of a State described as “high risk” or “very high risk” in the said black list
the Maritime and Coastguard Agency shall serve an access refusal notice on it.
(5) Notwithstanding the provisions of paragraphs (2) and (3) above, access to a specific port in the United Kingdom may be permitted in situations referred to in regulation 13(8).
(6) In applying this regulation the Maritime and Coastguard Agency shall take into account only detentions imposed from 22nd January 2002.”.