Presentation on theme: "Transport EU Maritime Security Policy and legislation Christian DUPONT Deputy Head of Unit for Maritime & Land Transport Security DG Mobility and Transport."— Presentation 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
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) 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; A port security committee may provide practical advice on security 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 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
Transport 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
Transport BMP 4 The 3 fundamental requirements. Register at MSCHOA;. Report to UKMTO;. Implement Ship Protection Measures.
Transport BMP 4 Avoid 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
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.