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EU Maritime Security Policy and legislation

EU Maritime Security Policy and legislation. Christian DUPONT Deputy Head of Unit for Maritime & Land Transport Security DG Mobility and Transport European Commission. Key figures. EU MARSEC LEGISLATION APPLIES TO : 23 coastal States & 26 Flag States

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EU Maritime Security Policy and legislation

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  1. EU Maritime Security Policy and legislation Christian DUPONT Deputy Head of Unit for Maritime & Land Transport Security DG Mobility and Transport European Commission Trafiseminar, Helsinki , 16 & 17 September 2014

  2. 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

  3. 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

  4. 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.”

  5. 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

  6. 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

  7. 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

  8. 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.

  9. 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

  10. Over 750 EU Commission inspections since 2005 LEGEND C- Companies RSO- Recognized Security Organizations DIR- ports NA- National Administrations PF- Port Facilities

  11. Piracy: main issues at stake today • 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

  12. 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

  13. BMP 4 The 3 fundamental requirements • Register at MSCHOA; • Report to UKMTO; • Implement Ship Protection Measures.

  14. 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

  15. 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.

  16. Any questions?

  17. Thank you for your attention! • Christian Dupont • Deputy Head of Unit • Maritime Security • European Commission • DG MOVE A4

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