By its Council Decision (EU) 2016/381 the Council of the European Union has defined the position to be adopted, in the interest of the Union, by the Member States which are bound by the Paris Memorandum of Understanding on Port State Control (Paris MOU), within the Port State Control Committee (PSCC) of the Paris MOU.

In order to ensure the smooth functioning of the Union’s port State control in accordance with Directive 2009/16/EC, Member States are called to promote the adoption of several elements of the ship risk profile used to target vessels for inspection, such as the white, grey and black flag lists, as set out in the Annex to Commission Regulation (EU) No 802/2010, the performance list for recognized organizations in accordance with the methodology adopted by the PSCC at its 37^th session in May 2004, and the average deficiency and detention ratio for the company performance formula on the basis of the Annex to Commission Regulation (EU) No 802/2010.

Moreover, the Member States are called to solicit the adoption of changes or updates to the procedures and guidelines of the Paris MOU having legal effects that are consistent with the objectives pursued by Directive 2009/16/EC, notably to improve maritime safety, maritime security, pollution prevention and on-board living and working conditions. Finally, the EU suggests the swift development of an alternative method of drawing up the white, grey and black lists of flag States in order to ensure its fairness, regardless of the size of the fleet.