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S.L. 234.38 · Merchant Shipping (Port State Control) (S.L. 234.38)

S.L. 234.38 Art. 8Initial and more detailed inspections.

In KraftAmtlicher Text

The competent authority shall ensure that ships which are selected for inspection in accordance with regulations 4(1) and (2) or regulation 9A are subject to an initial inspection or a more detailed inspection as follows:

(a) on each initial inspection of a ship, the competent authority shall ensure that the inspector, as a minimum:

(i) checks the certificates and documents listed in Annex IV to the Directive required to be kept on board in accordance with Community maritime legislation and Conventions relating to safety and security;

(ii) verifies, where appropriate, whether outstanding deficiencies found during the previous inspection carried out by a Member State or by a State signatory to the Paris Memorandum of Understanding have been rectified;

(iii) satisfies himself of the overall condition of the ship, including the hygiene of the ship, including engine room and accommodation;

(b) when, after an inspection referred to in paragraph (a), deficiencies to be rectified at the next port of call have been recorded in the inspection database, the competent authority of such next port may decide not to carry out the verifications referred to in paragraph (a)(i) and (iii);

(c) whenever there are clear grounds for believing, after the inspection referred to in paragraph (a), that the condition of a ship or of its equipment or crew does not substantially meet the relevant requirements of a Convention, a more detailed inspection shall be carried out, including further checking of compliance with on-board operational requirements;

(d) for the purposes of paragraph (c), ''clear grounds'' exist when the inspector finds evidence which in his professional judgment warrants a more detailed inspection of the ship, its equipment or its crew: provided that, without prejudice to its generality, the term ''clear grounds'' includes, the circumstances set out in Annex V to the Directive.

Änderungsgeschichte
  • Amended by L.N. 344 of 2019