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

Transport

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!