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1. A Member State shall refuse access to its ports and anchorages to any ship which:

(a) flies the flag of a State that appears on the low performance list, adopted in accordance with the Paris MoU on the basis of information recorded in the inspection database and published annually by the Commission, and which has been detained more than twice in the course of the preceding 36 months in a port or anchorage of a Member State or of a State signatory to the Paris MoU; or (b) flies the flag of a State that appears on the high or medium performance list, adopted in accordance with the Paris MoU on the basis of information recorded in the inspection database and published annually by the Commission, and which has been detained more than twice in the course of the preceding 24 months in a port or anchorage of a Member State or of a State signatory to the Paris MoU. The first subparagraph of this paragraph shall not apply in the situations referred to in Article 21(6).

The refusal of access shall be applicable as soon as the ship leaves the port or anchorage where it has been the subject of a third detention and where a refusal of access order has been issued.

2. The refusal of access order shall be lifted only after a period of three months has passed from the date of issue of that order and when the conditions listed in points 3 to 6 of Annex VIII are met. If the ship is subject to a second refusal of access order, that refusal of access order shall be lifted only after a period of 12 months.

3. Any subsequent detention in a port or anchorage of a Member State or of a State signatory to the Paris MoU shall result in the ship being refused access to any port or anchorage within the Union. Such a third refusal of access order may be lifted after a period of 24 months has passed from the date of issue of that order and only if:

(a) the ship flies the flag of a State whose detention rate appears neither on the low performance list nor on the medium performance list;

(b) the statutory and classification certificates of the ship are issued by an organisation or organisations recognised under Regulation (EC) No 391/2009 of the European Parliament and of the Council ();

(c) the ship is managed by a company with a high performance according to Annex I, Part I.1; and (d) the conditions listed in points 3 to 6 of Annex VIII are met. Any ship not meeting the criteria listed in the first subparagraph, after a period of 24 months has passed from the date of issue of the refusal of access order, shall be permanently refused access to any port or anchorage within the Union.

4. Any subsequent detention after a third refusal of access order, in a port or anchorage within the Union, of a ship flying the flag of a State that appears on the medium or low performance list shall result in the ship being permanently refused access to any port or anchorage within the Union.

4a. A ship flying the flag of a State that appears on the high performance list, that has been refused access three times or more and that is detained in a port or anchorage of the Union at the time of its first inspection in the Union since that third or any subsequent refusal of access, shall:

(a) be refused access to any Union port or anchorage for a period of 24 months, if the statutory and classification certificates of the ship are issued by an organisation or organisations recognised under Regulation (EC) No 391/2009;

(b) be permanently refused access to any Union port or anchorage if the statutory and classification certificates of the ship are not issued by an organisation or organisations recognised under Regulation (EC) No 391/2009.

4b. Refusal of access periods for multiple detentions shall be extended by 12 months in cases where a refusal of access measure in accordance with Article 21(4) applies.

5. For the purpose of this Article, Member States shall comply with the procedures laid down in Annex VIII.