{
  "url": "https://openlegislation.uk/eu-directive-2009-16/annex-X/division-n1",
  "json_url": "https://openlegislation.uk/eu-directive-2009-16/annex-X/division-n1.json",
  "legislation": "eudr/2009/16",
  "legislation_title": "Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (Recast) (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-directive-2009-16",
  "path": "annex/X/division/n1",
  "kind": "division",
  "number": null,
  "heading": "INTRODUCTION",
  "text": "Before determining whether deficiencies found during an inspection warrant detention of the ship involved, the inspector must apply the criteria mentioned below in points 1 and 2.\nPoint 3 includes examples of deficiencies that may for themselves warrant detention of the ship involved (see Article 19(3)).\nWhere the ground for detention is the result of accidental damage suffered on the ship’s voyage to a port, no detention order shall be issued, provided that:\n(a) due account has been given to the requirements contained in Regulation I/11(c) of SOLAS 74 regarding notification to the flag State administration, the nominated surveyor or the recognised organisation responsible for issuing the relevant certificate;\n(b) prior to entering a port, the master or shipowner has submitted to the port State control authority details on the circumstances of the accident and the damage suffered and information about the required notification of the flag State administration;\n(c) appropriate remedial action, to the satisfaction of the Authority, is being taken by the ship; and\n(d) the authority has ensured, having been notified of the completion of the remedial action, that deficiencies which were clearly hazardous to safety, health or the environment have been rectified.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "X",
      "label": "X1",
      "text": "Substituted by Corrigendum to Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (Official Journal of the European Union L 131 of 28 May 2009)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudr/2009/16/annex/X/division/n1",
    "retrieved_at": "2026-11-01T15:22:15.239047+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}