Detention and Banning
Managing detention connects the order, deficiencies, rectification and authority verification. Refusal of access (banning) is a separate measure: lifting it requires the applicable regime’s conditions to be met as well as the minimum period.
Operational Explanation
Read the detention order together with the PSC report: which deficiencies prevent departure, which actions are required and what verification must precede release. The Master and Company organise repairs, responsibilities and supporting evidence, involving the flag and RO within their respective roles. Repair and a technical report support verification; the competent authority retains the release decision.
If a refusal of access is also issued, keep two separate statuses: release from detention and lifting the access ban. Under the EU/Paris MoU regime described here, periods of 3, 12 or 24 months are minimum periods with further conditions. Retain the order, lifting request, required documents and authority decision; elapsed time alone does not close the case.
The progression in article 16 of Directive 2009/16/EC and the coordinated Paris MoU framework belong to their scope. Other MoUs and States may use different criteria, national bases and consequences; there is no invariant worldwide progression.
Regulatory Reference
Detention depends on the severity of deficiencies under the competent regime. The refusal-of-access thresholds described here are EU/Paris MoU rules: do not attribute them to Tokyo MoU without checking its rules. Paris MoU: Refusal of Access.
Under the regime preceding the 2027 amendments, Article 16 provides refusal after more than two detentions: 36 months for black-listed flags, 24 months for grey-listed flags. It takes effect when the ship leaves the port or anchorage of the third detention following release; distinguish that event from lifting the access ban.
The 3-, 12- and 24-month periods are minimums, not automatic expiry dates. Under the previous regime, a third refusal may be lifted after 24 months only with a flag outside the black/grey lists, certificates issued by the required recognized organizations, high Company Performance and fulfilment of Annex VIII conditions. Failure to meet the criteria after 24 months entails permanent refusal; detention following the third refusal also entails permanent refusal. Directive 2009/16/EC, Article 16.
Transfer to an appropriate repair yard under Article 21 requires conditions accepted by the authorities; it does not authorize independent departure. Under the previous regime, breaching conditions or failing to reach the agreed yard may entail refusal until full compliance is demonstrated. Exceptional entry for force majeure, safety or pollution reduction requires permission and adequate measures: it is not lifting the ban.
Directive 2024/3099 changes thresholds, lifting conditions and repair-yard provisions, with transposition by 6 July 2027. Do not reduce the changes to renamed lists or twelve months followed by automatic lifting. Check the applicable article, transition and national implementation on the call date. Directive 2024/3099.
Appeal: check national deadlines and procedures stated in the notice. Paris MoU detention review through flag/RO is distinct from national appeal and produces a non-binding opinion; do not treat it as permission to sail. Paris MoU: Appeal Procedures.
Scope of Application
Ships subject to the EU/Paris MoU refusal-of-access regime for the thresholds and progression described here. For any other region check the competent MoU, law and Authority decision. Refusal for failure to comply with repair-yard transfer conditions remains distinct.
Procedure / How to Complete It
- Record the port State, regime and measures received; read the order, PSC report, detainable deficiencies and required actions together.
- Assign repairs, responsibilities and evidence with the Company; involve the flag and authorized RO as appropriate and agree required verification with the port State.
- Document work and tests actually completed, submit the evidence and retain the release decision. A class report alone does not authorize departure.
- Where refusal of access applies, check the thresholds and periods relevant to the ship’s history; keep detention rectification separate from conditions for lifting the ban.
- If transfer to a repair yard is necessary, follow the authorization and conditions agreed by the authorities, including destination and follow-up: do not arrange an independent voyage.
- Retain notifications and decisions; check national law, any appeal and lifting conditions. Update SMS follow-up, distinguishing current requirements from changes due for transposition by 6 July 2027.
Practical Example
Example: a ship detained for malfunction of the emergency generator. Technical intervention completed in 18 hours, class surveyor verification passed, PSC authority confirms release. The episode is analysed at the next Management Review, identifying the need to bring forward preventive maintenance of the generator across the whole fleet.
What Typically Goes Wrong
Marking the ship “released” as soon as work is finished or the surveyor has signed leaves authority verification unresolved. A ban may also remain active after release from detention. Record rectification, technical evidence and port-State decisions separately before planning departure or a new entry.
The official 2025 statistics page reports 668 detentions, 16,474 inspections and 19 refusals of access; it also publishes a detention rate of 4.18%. The PDF also contains 688 in its summary and 668 in its chart. The ratio 688/16,474 is consistent with 4.18%, but this is not an official correction. The ratio 668/16,474 is about 4.05%: the published figures do not reconcile and should not be presented as equivalent without source clarification. Paris MoU Annual Report 2025.
Common Mistakes Mistake Library
| Mistake | Consequence | How to avoid it |
|---|---|---|
| Treating repair or a class report as authority release | The ship may plan departure while detention or a separate ban remains in force | Retain the port-State decision and check refusal-of-access lifting conditions separately |
| Treating every detention as automatically causing more frequent or detailed inspection | The profile is predicted without applying its calculation | Recalculate Ship Risk Profile and Company Performance under the competent regime |
| Describing refusal of access as a consequence of the second detention | The current EU/Paris MoU threshold for black/grey flags is applied too early | Apply Article 16 of Directive 2009/16/EC: more than two detentions in the relevant 36 or 24 months, hence an order after the third detention, with its own conditions; check the repair-yard case separately and amendments due for transposition by 6 July 2027, checked against applicable national provisions |
What the PSCO Checks
Operational Tips
- Manage every detention with the utmost priority and transparency towards the PSC authority, to speed up verification and release.
- Always analyse the root cause of the detention in the SMS's NC/CAPA system, don't stop at the technical repair.
- Monitor the fleet's detention history against the banning thresholds, especially if the flag is on the Grey or Black List.
Preparation checklist
Educational checklist. This summary supports learning and preparation only. It does not replace the vessel’s approved procedures, manuals, statutory documents, company SMS, or applicable official requirements. Completing it demonstrates neither compliance nor readiness for an inspection: it shows that a list has been read, not that the ship is in order. Always verify the current documents carried on board.
- Deficiencies causing the detention identified and prioritised
- Coordination with Company, DPA and classification society initiated immediately
- Formal verification of rectifications requested before release
- Episode documented in the NC/CAPA system and brought to the Management Review
- Impact on Ship Risk Profile and Company Performance monitored over time
FAQ
Related Topics
Certified substantive revision: 14 October 2026 · page fingerprint d9020508893a