1. For the purposes of inspections, Member States shall classify the ships referred to in Article 3(1), point (a), of Directive (EU) 2019/883, into the following risk level categories:
(a)
Risk level 1 (high risk);
(b)
Risk level 2 (medium risk);
(c)
Risk level 3 (low risk);
(d)
Risk level 4 (minimum risk).
2. The risk level category for each ship shall be determined on the basis of the risk parameters set out in Table 1 of the Annex.
3. The risk level parameters set out in Table 1 of the Annex shall be applied following the methodology referred to in points 1 to 4 of the Annex.
When complying with the inspection commitments set out in Article 11 of Directive (EU) 2019/883, Member States shall comply with the following requirements:
(a)
give priority to the inspection of ships with a higher risk level category;
(b)
randomly select for inspection at least 1 % of number of ships to be inspected every year.
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .
ANNEXSupplementary provisions
ANNEX
Methodology:
1.
The risk parameters set out in Table 1 shall be used to determine the risk level of a vessel.
2.
Each risk parameter set out in Table 1 is assigned a different colour code representing a risk level: red (high), orange (medium) or yellow (low).
3.
The assignment of the risk level to a ship on the basis of the alerts for the risks parameters in Table 1 shall be based on the criteria set out in Table 2.
4.
In order to apply several concurrent active alerts for assigning the risk levels set out in Table 2, the conversion factors set out in Table 3 may be applied.
Table 1
Risk parameters
Risk parameter number
Risk level of the alert (Colour code)
Risk parameter description
Criteria for activating an alert for the risk parameter
Criteria for deactivating the alert for the risk parameter
1
Orange
Non-compliance with the advanced waste notification requirements set out in Article 6 of Directive (EU) 2019/883.
The alert is activated if advance waste notification has not been sent or has not contained mandatory information.
The alert is computed to Port A based on the advance waste notification sent to Port A. The alert must be reassessed at each Port.
2
Orange
Information provided by the operator, agent or master in accordance with Article 6 of Directive (EU) 2019/883.
The alert is activated if validity checks of advance waste notification content reveal that the ship might not be compliant with the Directive.
The alert is computed to Port A based on the advance waste notification sent to Port A. The alert must be reassessed at each Port.
3
Orange
Date of the previous inspections carried out in accordance with Article 10 of Directive (EU) 2019/883.
The alert is activated if the ship was not inspected in accordance with Article 10 of Directive (EU) 2019/883 in the previous 12 months.
Note: This alert should only be active after 28 June 2022.
The alert is deactivated after an inspection has been recorded in accordance with Article 14(2), point (a), of Directive (EU) 2019/883.
4
Red
Existing report(s) by Port Reception Facilities inspection authorities, port authorities or other competent bodies indicating that the ship has not complied with Article 7 of Directive (EU) 2019/883.
The alert is activated manually in THETIS-EU by Port Reception Facilities inspectors.
The alert is deactivated after an inspection is concluded (status ‘Inspected’) without non-compliances.
5
Orange
Port Reception Facilities Non-Compliances Alert
Alert activated if ship has been identified with Port Reception Facilities non-compliances within the last 6 months, with a relevant report in THETIS-EU.
The alert is deactivated after an inspection is concluded (status ‘Inspected’) without non-compliances.
6
Orange
Sufficient Dedicated Storage
The alert is activated if the dedicated storage on-board is not considered sufficient according to the criteria used for the application of Article 8(4)(b)
The alert is computed to Port A based on the advance waste notification sent to Port A. The alert must be reassessed at each Port.
7
Yellow
Next Port Of Call
Considered to increase risk level if non-EU or unknown. For the computation of this alert, ports located in Iceland, Norway, United Kingdom (including Isle of Man, Channel Islands and Gibraltar) and Russian ports located in the Baltic Sea are to be treated as EU.
The alert is computed to Port A based on the advance waste notification sent to Port A. The alert must be reassessed at each Port.
8
Yellow
Previous Port Of Call
Considered to increase risk level if non-EU. For the computation of this alert, ports located in Iceland, Norway, United Kingdom (including Isle of Man, Channel Islands and Gibraltar) and Russian ports located in the Baltic Sea are to be treated as EU.
The alert is computed to Port A based on the advance waste notification sent to Port A. The alert must be reassessed at each Port.
9
Yellow
Exemption Alert
The alert is activated if the ship has an exemption and has not been inspected for 12 months, to ensure that these ships will be included in the inspections.
The alert must be reassessed at each Port.
10
Red
Incident Type Waste Alert
The alert is activated if an Incident Report of type ‘waste’ has been issued in SafeSeaNet for that vessel in a previous port.
The alert is deactivated after an inspection is concluded (status ‘Inspected’) and has taken place without non-compliances or after the incident is inactive at SafeSeaNet
Table 2
Assignment of risk levels based on number of active inputs
Criteria for risk levels
Risk level 1
One or more red alerts
Risk level 2
One or more ( 1 ) orange alerts
Risk level 3
One or more ( 1 ) yellow alerts
Risk level 4
No active alert
Table 3
Conversion factors to combine several concurrent active parameters for application of Table 2 risk levels
Conversion factor
Three yellow alerts
One orange alert
Three orange alerts
One red alert
( 1 ) Up to the number that triggers the application of the conversion factor.
