EU Maritime Security legislation

Report
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
Transport
What is
maritime
security ?
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
Transport
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.”
Transport
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
Transport
EU Maritime
Security
legislation (1)
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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
Transport
EU Maritime
Security
legislation (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
Transport
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;
• Asecurity
port security committee may provide practical advice on
matters;
• Particular
attention to be given to Ro-Ro vessels carrying
passengers and vehicles.
Transport
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
Transport
Over 750 EU Commission inspections
since 2005
LEGEND
C- Companies
RSO- Recognized
Security
Organizations
DIR- ports
NA- National
Administrations
PF- Port
Facilities
Transport
EU trends in Port Security Assessments (PSA) carried out
and Port Security Plans (PSP) adopted, 2010-2014 (as of 02/06/2014)
11
Transport
Nr of Ports
Situation
January
2010
Situation
January
2012
Situation
January
2014
Implementation - Follow-up
23 Member
States
PSA
Up to
30 Ports
14 MS:
222 ports
More than
30 Ports
9 MS:
861 ports
1083 EU Ports
PSP
Situation
September
2014
PSA
PSP
PSA
PSP
PSA
PSP
54%
29%
85%
68%
99%
97%
99.5%
99%
19%
14%
81%
40%
93%
73%
95%
91.1%
32%
19%
82%
47%
94%
78%
95.9%
92.6%
11/09/2014
Transport
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.
Transport
Any questions?
Transport
Thank you for your attention!
• Christian Dupont
• Deputy Head of Unit
• Maritime Security
• European Commission
• DG MOVE A4
Transport

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