03. Maritime Security International and EU Legislation

8/11/2019 03. Maritime Security International and EU Legislation

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Definition of maritime

security for EU maritimetransport

Regulation (EC) n 725/2004 on enhancing ship& port facility security reads :

->Maritime security means the combinationof preventing measures intended to protectshipping and port facilities against threats ofintentional unlawful acts.

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International instruments pertaining to Maritime security

UN Convention on the Law Of the Sea (UNCLOS) 1982

UN Convention against illicit traffic in narcotic drugs and

psychotropic substances (1988)

Protocol against the Smuggling of Migrants by Land, Sea and Air,

supplementing the United Nations Convention against

Transnational Organized Crime (2000)

Convention of the IMO on the Safety of Life at Sea (SOLAS),

Chapter XI/2 and the ISPS Code2002-

Convention of the IMO on the Suppression of Unlawful Acts at

sea (SUA) -2005- and its Protocol on fixed platforms.


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Convention of the IMO on the

Safety of Life at Sea (SOLAS),Chapter XI/2 and the ISPS Code

2002-

Usual IMO structure: main lines in the Chapter XI/2,and details in the Code

Part A mandatory, Part B made of recommandations

Adresses Ships and port facilities as well as theiroperators and their regulators.

Based on security assessment, security plan, threeSecurity Levels, approval by Member States, possibledelegation to RSO;

Notably rules the ship / port interface.

"the common language" for preventing measures

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Maritime security perspective in the EU 27 :(22 coastal States & 25 Flag States)

about

- 7523 flagged vessels (to which Regulation 725/2004 applies)

- 4300 maritime companies

- 1120 ports (as per Directive 2005/65)

- 3777 port facilities (to which Regulation 725/2004 applies)

- 80 RSOs appointed by the MS


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EU maritime transport

security relatedlegislation

1. Regulation (EC) n 725/2004 maritime & port facility security

-> IMO/SolasISPS transposed into the EC law

-> extented to inner EU traffic

-> European inspection regime

2. Directive Port Security EC n 65/2005

-> Based on the ILO/IMO Code of Conduct

-> Security measures extended to the whole port area-> Monitoring system

3. Commission regulation 324/2008 on inspections

4. Regulation (EC) 450/2008 Modernised Customs CodeIntegrated management of external border (cargo)

Authorized Economic Operator

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Regulation (EC) n 725/2004 of 31 March 2004Is based on SOLAS chapter XI/2 and the ISPS Code, in force since19/05/2004

Its scope is also limited to ships, companies and port facilities

International maritime traffic covered since 01/07/2004

Class A national maritime traffic since 01/07/2005

Other national maritime traffic from 01/07/2007, dependent upon theresult of a compulsory security risk analysis to be conducted by eachMember State

Some provisions of ISPS part B are mandatory

Importance of Community inspection regime, essential to allowconsistency

Maritime Security legislation


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Regulation (EC) n725/2004 of 31 March 2004

Mandatory parts of ISPS part B

These requirements have been considered as indispensable in orderto ensure the establishment of a coherent system ensuring a highlevel of maritime security, covering subjects such as

- the revision of ship security plans

- port facility security assessment

- confidentiality of plans and assessments

- recognised security organisations

- setting security levels

- manning level of ships

- minimum standards for ship and port facility securityassessments and plans

- frequency of ship and port facility security drills andexercises

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Directive 2005/65/EC of 26October 2005on enhancing port security

Based on the IMO/ILO code of practices for PortSecurity

Threat not limited to the ship-port interface but alsoincludes ports as a whole;

Applies to any port with port facilities within scope ofRegulation 725/2004;

Complements ship and port facility security andexpands into all security relevant port areas;

Boundaries of the port to be defined on a case by casebasis by the Member States


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Directive 2005/65/EC of 26 October 2005

on enhancing port security

Uses the same tools as Regulation 725/2004 (securityassessment, security plan, three Security Levels,approval by Member States, plus appointment of aPort Security Authority);

Minimum requirements for PSA, PSP, training andRSOs (detailed in the Annexes);

Port security officer to be appointed;

A port security committee mayprovide practicaladvice on security matters;

Particular attention to be given to Ro-Ro vesselscarrying passengers and vehicles.

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Piracy and armed robbery at sea


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A clear LegalBasis

Regulation (EC) n725/2004 on enhancingship and port facility security

.IMO/SOLASISPS transposed into EUlegislation;

.Explicit on preventive measures against

intentional unlawful acts;.Piracy is clearly quoted;.An European inspection regime.

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.To be consistent with commitments taken atIMO level;

.Flag States have a crucial role to play;

.God helps those who helpthemselves.

Commission Recommendation

(2010/159/EU) of 11 March 2010

on BMPs"


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BMP 4The 3 fundamental requirements

.Register at MSCHOA;

.Report to UKMTO;

.Implement Ship Protection Measures.

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BMP 4Avoid being a victim of piracy

.Do not be ALONE;

.Do not be DETECTED;

.Do not be SURPRISED;

.Do not be VULNERABLE;

.Do not be BOARDED;

.Do not be CONTROLLED


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Improving theimplementation ofChapter XI/2 and the ISPS Code.Submission MSC 84/4/4 on model legislation.Aim : all partners adopt robust legislationdefining clearly who is doing what, who isresponsible of what and what are therelationships between authorities andoperators.

.The necessity of a coherent administrativestructure

.A national oversight system.Relations between authoritiesand RSO (if applicable)

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To conclude

.Building trust into acommercial liaison

.Every actor has a roleto play.Avoid routine and keepawareness at a highlevel.You cant decreesecurity but a gooddecree helps at

establishing it!


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Any question?

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Thank you for

your attention

Christian DupontDeputy Head of Unit

Maritime SecurityEuropean Commission

DG MOVE A4

Documents

03. Maritime Security International and EU Legislation