ABSTRACT
The European Union (EU) devises common approaches for implementation and practical application of International Maritime Organization (IMO) rules by all vessels sailing in Community waters. The adoption of European Directive and its implementation by the member States have greatly strengthened the provisions of port State control in the Community and in the whole Paris Memorandum of Understanding (MOU) region. When one compares the Directive on Port State Control with the Paris MOU, some differences arise. The burden of proof is on the owner or operator, not on the port State control administrator and, in any case, introducing an appeal is not a cause for suspending the detention. The decision to inspect a ship is always initially based on a prior selection made by a port State control inspector on the basis of his professional judgement, whatever the potential hazard posed by a ship.
