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Maritime Security :International and
European legislation

Christian DUPONT

Deputy Head of Unit / DG Mobility and Transport A4
European Commission

SAFEMED III-Maritime security workshop Lisbon, 1
st
October 2013



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Definition of 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

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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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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 Code 2002-
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 their
operators and their regulators.
Based on security assessment, security plan, three
Security Levels, approval by Member States, possible
delegation 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 related
legislation
1. Regulation (EC) n 725/2004 maritime & port facility security
-> IMO/Solas ISPS 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 Code
Integrated management of external border (cargo)
Authorized Economic Operator
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Regulation (EC) n 725/2004 of 31 March 2004
Is based on SOLAS chapter XI/2 and the ISPS Code, in force since
19/05/2004
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 the
result of a compulsory security risk analysis to be conducted by each
Member State
Some provisions of ISPS part B are mandatory
Importance of Community inspection regime, essential to allow
consistency
Maritime Security legislation
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Regulation (EC) n
725/2004 of 31 March 2004

Mandatory parts of ISPS part B
These requirements have been considered as indispensable in order
to ensure the establishment of a coherent system ensuring a high
level 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 security
assessments and plans
- frequency of ship and port facility security drills and
exercises
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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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Directive 2005/65/EC of 26 October 2005
on enhancing port security
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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Piracy and armed robbery at sea

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A clear Legal
Basis
Regulation (EC) n 725/2004 on enhancing
ship and port facility security
.IMO/SOLAS ISPS transposed into EU
legislation;
.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 at
IMO level;
.Flag States have a crucial role to play;
.God helps those who help
themselves.

Commission Recommendation
(2010/159/EU) of 11 March 2010
on BMPs"
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BMP 4
The 3 fundamental requirements
.Register at MSCHOA;

.Report to UKMTO;

.Implement Ship Protection Measures.

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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
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Improving the implementation of
Chapter XI/2 and the ISPS Code
.Submission MSC 84/4/4 on model legislation
.Aim : all partners adopt robust legislation
defining clearly who is doing what, who is
responsible of what and what are the
relationships between authorities and
operators.
.The necessity of a coherent administrative
structure
.A national oversight system
.Relations between authorities
and RSO (if applicable)
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To conclude
.Building trust into a
commercial liaison
.Every actor has a role
to play
.Avoid routine and keep
awareness at a high
level
.You cant decree
security but a good
decree helps at
establishing it!



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Any question?

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Thank you for
your attention

Christian Dupont
Deputy Head of Unit
Maritime Security
European Commission
DG MOVE A4