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; • Asecurity port security committee may provide practical advice on 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 EU trends in Port Security Assessments (PSA) carried out and Port Security Plans (PSP) adopted, 2010-2014 (as of 02/06/2014) 11 Transport Nr of Ports Situation January 2010 Situation January 2012 Situation January 2014 Implementation - Follow-up 23 Member States PSA Up to 30 Ports 14 MS: 222 ports More than 30 Ports 9 MS: 861 ports 1083 EU Ports PSP Situation September 2014 PSA PSP PSA PSP PSA PSP 54% 29% 85% 68% 99% 97% 99.5% 99% 19% 14% 81% 40% 93% 73% 95% 91.1% 32% 19% 82% 47% 94% 78% 95.9% 92.6% 11/09/2014 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
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