Refusal of Access (banning)
There are three reasons for which a ship to be refused access to ports in the Paris MoU region:
1.When a ship has been detained 3 times, within a period of 36 months this applies to ships flying the flag of a State on the black list of the Paris MoU or when a ship has been detained 3 times, within a period of 24 months this applies to ships flying the flag of a State on the grey list of the Paris MoU
2.When a ship jumps a detention
3.When a ship does not call at the agreed repair yard following a detention
Banning as detailed in the MoU text:
1. In accordance with section 4.1 of the Paris MOU, ships are banned after multiple detentions: these ships will be refused access to any port in the region of the Memorandum for a minimum period. The refusal of access following multiple detentions will become applicable as soon as the ship leaves the port or anchorage.
2. In accordance with section 4.2 of the Paris MOU, ships which jump detention or fail to call at an indicated repair yard are banned: these ships will be refused access to any port in the region of the Memorandum.
3. Access to a specific port may be permitted by the relevant authority of a port State in the event of force majeure or overriding safety considerations, or to reduce or minimize the risk of pollution, provided that adequate measures to the satisfaction of the authority of such State have been implemented by the owner, the operator or the master of the ship to ensure safe entry.
The Authorities will take measures to ensure that a ship will be refused access to any port within the States, Authorities of which are signatories to the Memorandum in case that ship:
1. proceeds to sea without complying with the conditions determined by the Authority in the port of inspection, referred to under 3.10.1 or 3.11; or
2. refuses to comply with the applicable requirements of the relevant instruments by not calling into the indicated repair yard for the purpose of rectifying the outstanding deficiencies; or
3. flies the flag of a State appearing on the black list as published in the annual report of the Memorandum and has been detained more than [once] [twice] in the course of the preceding 36 months in the ports within the region of the Memorandum, until the company has provided evidence to the satisfaction of the Authority where the ship was found defective, that the ship fully complies with all applicable requirements of the relevant instruments. Further information on procedures for ships being refused access due to failure to call at an indicated repair yard, jumping detention or multiple detentions, including the required notifications can be found at: https://www.parismou.org/refusal-access-banning
Frequently asked questions with regard to “banning”
When a ship is “banned” and then sold to another Party, does this transaction automatically cancel the “banned” status or does the status continue?
A ban is a measure imposed on an individual ship. Once banned, a transfer of company, flag or change in other involved parties does not revoke a ban or otherwise shorten the applicable periods mentioned.