Directive 2009/16/EC on Port State Control was implemented on 1 January 2011. Its provisions have entered into force on 17 June 2009. Detentions and Preventions of Operation which occurred after that date were taken into account for the refusal of access.

The measure concerns detentions following a PSC inspection in any of the Paris MoU members States. Preventions of Operation may be issued by EU member States following an inspection according Directive 99/35/EC.

According Article 16 of Directive 2009/16/EC on PSC, any type of ship will be refused access to ports and anchorages:

• If the ship flies a black listed flag and has been detained or has been issued with a Prevention of Operation three or more times in the last 36 months; or
•  If the ship flies a grey listed flag and has been detained or has been issued with a Prevention of Operation three or more times in the last 24 months;

A first refusal of access order can only be lifted after a minimum period of 3 months. A second refusal of access order for multiple detentions issued to the same ship can only be lifted after 12 months.

A third refusal of access order shall be issued to the same ship irrespective of the flag's performance (black or grey or white) in the case of any subsequent detention. In this case, the established minimum period before the refusal of access order can be lifted is 24 months. Only if the following conditions are met before the end of the minimum period, the refusal of access order may be lifted:

• The ship flies a white listed flag;
• Statutory and classification certificates are issued by an EU Recognised Organisation;
• The ship is managed by a high performance company
• A re-inspection (expanded inspection) has been carried out. This shall be an expanded inspection as per Annex VIII of the Directive.

Any subsequent detention after the third refusal of access shall result in a permanent refusal of access.

Note: Directive 2009/16 entered into force on 17 June 2009 and started being applied from 1 January 2011. This Directive replaced the Directive 95/21.