COMMISSION IMPLEMENTING REGULATION (EU) 2022/90
of 21 January 2022
laying down rules for the application of Directive (EU) 2019/883 of the European Parliament and of the Council as regards the detailed elements of the Union risk-based targeting mechanism for selecting ships for inspection
(Text with EEA relevance)
Article 1
Article 2
Article 3
ANNEX
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 |
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 |
Conversion factor |
|
Three yellow alerts |
One orange alert |
Three orange alerts |
One red alert |