EU Maritime Security Policy and legislation

Christian DUPONT

Transport

Deputy Head of Unit for Maritime & Land Transport Security DG Mobility and Transport European Commission Trafi seminar, Helsinki , 16 & 17 September 2014

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

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

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.

Transport

Any questions?

Transport

Thank you for your attention!

• • •

Christian Dupont Deputy Head of Unit

•

Maritime Security European Commission

•

DG MOVE A4

Transport