Decree-Law No. 61/2012 transposing into National legislation Directive No. 2009/16/EC of the European Parliament and the Council of 23 April 2009, on the inspection of vessels by port State.

This Decree-Law transposes into National legislation Directive No. 2009/16/EC of the European Parliament and the Council of 23 April 2009, on the inspection of vessels by port State. The Decree-Law, consisting of 43 articles divided into three Titles and 13 Annexes, aims at contributing to a drastic reduction in waters under national jurisdiction, of vessels that do not comply with the applicable rules in the field of maritime safety, protection of maritime transport, protection of the marine environment and living and working conditions on board. It does not apply to fishing vessels and establishes the common criteria for the port State inspection on foreign vessels calling at national ports and anchorages, as well as the inspection, detention and information procedures to be observed by the competent national authorities in this area. It applies to any foreign vessel calls a port or a national anchorage to carry out a ship/port interface, as well as to the respective crew. When carrying out an inspection of a vessel flying the flag of a State that is not a party to one of the conventions referred (art. 4) the treatment of that ship and the crew cannot be more favorable than that reserved for ships flying the flag of a State that is a party to that convention. Ships of a State which is not a party to one of the conventions is subject to a more detailed inspection, in accordance with the procedures set out in the Paris MOU.