transport eu maritime security policy and legislation christian dupont deputy head of unit for...
TRANSCRIPT
Transport
EU Maritime Security Policy and legislation
Christian DUPONT
Deputy Head of Unit for Maritime & Land Transport
Security DG Mobility and Transport
European Commission
Trafi seminar, Helsinki , 16 & 17 September 2014
Transport
Key figures
EU MARSEC LEGISLATION APPLIES TO :
• 23 coastal States & 26 Flag States
• 7574 flagged vessels (to which Regulation 725/2004 applies)
• 4300 maritime companies
• 1082 ports
• > 3800 port facilities
• 80 RSO appointed by the MS
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What is maritimesecurity ?
Preventing/reacting vs threats – only for/against the users of the seas?
What kind of threats?
Traditional threats to maritime security : mainly diplomatic/military nature (i.e. territorial disputes)
Non-traditional threats : terrorism, piracy, organised crime, illegal fishing, etc…
The non-definition of the IMO
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Definition of maritime security for EU maritime transport
Regulation (EC) n° 725/2004 on enhancing ship &
port facility security reads :
”Maritime security means the combination
of preventing measures intended to protect
shipping and port facilities against threats of
intentional unlawful acts.”
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EU maritime transport security-related legislation
1. Regulation (EC) n° 725/2004: maritime & port facility security
2. Port Security Directive EC n° 65/2005
3. Commission Regulation 324/2008: inspections
4. Regulation (EC) 450/2008:Modernised Customs Code
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EU Maritime Securitylegislation (1)
Regulation (EC) n° 725/2004 of 31 March 2004
• Based on SOLAS chapter XI/2 and the ISPS Code, in force since 19/05/2004
• scope is 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 the result of a compulsory security risk analysis to be conducted by each Member State
• Made mandatory some provisions of ISPS part B
• Creation of Community inspection regime, essential to ensure consistency
• Creation of an EU Maritime Security Committee
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EU Maritime Securitylegislation (2)
Directive 2005/65/EC of 26 October 2005 on enhancing port security
• Based on the IMO/ILO code of practices for Port Security
• Threat not limited to the ship-port interface but also includes ports as a whole;
• Applies to any port with port facilities within scope of Regulation 725/2004;
• Complements ship and port facility security and expands into all security relevant port areas;
• Boundaries of the port to be defined on a case by case basis by the Member States
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EU Maritime Security legislation (3)
Directive 2005/65/EC on enhancing port security contd.
• Uses the same tools as Regulation 725/2004 (security assessment, security plan, three Security Levels, approval by Member States, plus appointment of a Port Security Authority);
• Minimum requirements for PSA, PSP, training and RSOs (detailed in the Annexes);
• Port security officer to be appointed;
• A port security committee may provide practical advice on security matters;
• Particular attention to be given to Ro-Ro vessels carrying passengers and vehicles.
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Implementation• Inspections to ensure implementation
• In general, Regulation 725 /2004 well implemented by Member States
• Differences in national administrative practices
• Different administrations for ships and ports
• Federal and decentralized structures
• Implementation of Directive 2005/65/EC more challenging
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Over 750 EU Commission inspections since 2005
LEGENDC- Companies
RSO- Recognized Security Organizations
DIR- ports
NA- National Administrations
PF- Port Facilities
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• Self protection (BMP)• Do not underestimate the threat• Commission Recommendation
(2010/159/EU) of 11 March 2010 “on BMPs"
• Improving the legal framework (PCASPs)• Do not only focus on the situation off the
coast of Somalia• Legal competences
Piracy: main issues at stake today
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Commission Recommendation (2010/159/EU) of 11 March 2010 “on BMPs"
• be consistent with commitments taken at IMO level;
• Flag States have a crucial role to play;
• “God helps those who help themselves”.
Africa Oil & Gas Security Summit 2014
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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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To conclude…..
• Much progress in ten years – but still plenty of scope to do more
• Port Security measures require a high level of vigilance from Member States authorities.
• Commission's MARSEC Inspection programme will continue with due vigilance.
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Any questions?
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• Christian Dupont• Deputy Head of Unit• Maritime Security
• European Commission• DG MOVE A4
Thank you for your attention!