ENHANCING PORT SECURITY

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ENHANCING PORT SECURITY

• Christian Dupont
• Deputy Head of Unit
• European Commission
• DG Transport and Energy TREN.J.1

International Conference on Port development
Sofia 16-17/11/2006
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• Facing Changing threats

• Keeping Competitiveness
• But security is now a pre-requisit
• Need to change minds and process
• Not realistic to think now otherwise
• Turn security into a quality factor

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Maritime Security needs In the EU

• 9000 flagged vessels (over 500 GT)
• 4200 maritime companies
• 1200 ports
• gt4000 port facilities
• 80 RSO

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• The EU Legal Basis for transport security

• Transport policy Community competence (art. 71
  and 80.2 of TEC)
• Customs policy Community competence (art.
  26,95,133 and 135 of TEC)
• Role of the European Commission
• exclusive right of initiative to propose
  legislative measures of preventive nature
• monitor their implementation

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EU transport security legislation

• Regulation EC n725/2004 maritime port facility
  security
• ?IMO/Solas ISPS transposed into the EC law
• ?extented to inner EU traffic
• ?European inspection regime
• Directive Port Security EC n65/2005
• ? Based on the ILO/IMO Code of Conduct
• ?Security measures extended to the whole port
  area
• ?Monitoring system
• Commission regulation 884/2005 on inspections
• Regulation EC n648/2005 Community Customs Code
• Integrated management of external border (cargo)
• Authorised Economic Operator

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Maritime Security

• Regulation (EC) n725/2004 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.

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• Directive 2005/65/EC on Port Security
• of 26 October 2005
• Based on the ILO/IMO Code of practice.
• Applies to any port in which one or more port
  facilities are situated to which Regulation
  725/2004 applies
• It complements maritime and ship/port interface
  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 on Port Security
• of 26 October 2005
• Using the same tools as Regulation
  725/2004(security assessment, security plan, 3
  security levels, approval by Member States, Port
  Security Authority),
• Minimum requirements for PSA, PSP, training and
  RPSO (detailed in annexes),
• Port security officer to be nominated.
• A port security committee may provide practical
  advice on security matters

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• Directive 2005/65/EC on enhancing port security
  Port Security Assessment (P.S.A.) 1.

• Member States shall ensure that P.S.A. are
  carried out for the ports covered by this
  Directive, taking into account the assessments
  for port facilities within their boundaries (EC
  725/2004).
• Minimum detailed requirements Annex I to the
  Directive.

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• Directive 2005/65/EC on enhancing port security
  Port Security Assessment (P.S.A.) 2.

• P.S.A. may be carried out by recognized security
  organizations (as per Art.11 fulfilling the
  conditions as per Annex IV).
• P.S.A. approved by the Member State concerned.

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• Directive 2005/65/EC on enhancing port security
  Port Security Plan (P.S.P.) 1.

• P.S.P. shall adequately address the specificities
  of different sections of a port and shall
  integrate the security plans for the port
  facilities.
• Identifying for each security level
• The procedures to be followed
• The measures to be put in place
• The actions to be undertaken.
• P.S.P. shall take into account as minimum the
  requirements specified in Annex II and shall
  include security measures to be applied to
  passengers and vehicles set for embarkation on
  seagoing vessels which carry passengers and
  vehicles. (In case of international services
  Member States concerned shall cooperate in the
  security assessment).

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• Directive 2005/65/EC on enhancing port security
  Port Security Plan (P.S.P.) 2.

• P.S.P. may be carried out by recognized security
  organizations (as per Art.11 fulfilling the
  conditions as per Annex IV).
• P.S.P. approved by the Member State concerned
  before implementation.
• Member State shall ensure that the implementation
  of P.S.P. is monitored, coordinating with other
  control activities.
• Performing adequate exercises (basic security
  training exercise requirements Annex III).

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• Directive 2005/65/EC on enhancing port security

• Implementation and conformity checking MS shall
  set up a system ensuring adequate and regular
  supervision of the P.S.P. and their
  implementation.The Commission shall monitor the
  implementation of the Directive in cooperation
  with the Focal Points, this monitoring having to
  be conducted jointly with the inspections
  provided under reg. N.725/2004.

• Member States have to adopt required legislation
  and implementing rules before 15 June 2007

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Workshop on Port Security Directive

• Held in Brussels on 12/09/2006
• Representatives of most of the MS
• How to implement/transpose this Directive ?
• Selection of some key / sensitive issues

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Workshop on Port Security Directive

• the port security assessment process (ref.
  article 6 and annex 1)
• defining port boundaries (ref. article 3.1)
• waterside issues
• fishing and recreational activities
• division of tasks between the PSA and PSO, and
  the PFSOs in the port
• dissemination of security related information to
  private stakeholders

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Workshop on Port Security Directive

• high risk areas background checks on personnel
  (ref. annex 1, 7th indent)
• port security committee (ref. Recital 9)
• Monitoring by the Commission
• connectivity with the inland waterways (River
  Information System).

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Work in Marsec Committeeminimum
standards/best practice

• Access control
• (European Port Access Identification Card
   EPAIC  study)
• Fencing and surveillance
• Screening equipment, detection standards
• Screening percentages
• Prohibited items
• Restricted area signage

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Work in Marsec Committeeminimum
standards/best practice

• Handling of pre-arrival information
• Involvement of law-enforcement authorities
• Recognised Security Organisations RSOs
• Criteria for appointment
• Performance
• No decision as to instrument of implementation
  (yet)

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SAGMaSStakeholder Advisory Group for Maritime
Security

• Newly created consultative group
• Meets before Marsec Committee
• Six times a year
• European organisations invited
• For the moment
• Member States participation

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• Main issue

• What is the port handling ?
• Passengers ?
• Goods ? What kind of goods / cargo ?
• Who are the ports customers ?

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• Choices today and tomorrow Operators

• Being a reliable partner in terms of security
• Conform to legislation and recommended practice,
• Find a good balance between real needs and
  investment and operational costs
• Reasonable use of technology
• Procedures think human

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• Choices today and tomorrow Authorities

• Accompaniment
• Observation and control
• Consolidation of practices
• Avoiding over-reaction
• Final purpose Facilitation of legitimate
  maritime trade

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Conclusion

• Europe is at the same time
• A port continent
• A coastal continent
• A flag continent
• Integrated approach towards safety and security
• While facilitating legitimate trade

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Reminder

• EC legislation applies to all operators within EU
  territory, whatever their  flags 

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Conclusion

• Legislation certainly, but essantially a new
  behaviour
• People
• Organisation
• Support
• Training and development
• Equipment
• Doctrine and procedures

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Green Paper on Maritime Policy

• Adopted by Commission 7 June 2006
• Starts a wide consultation process which will
  last one whole year
• Unique opportunity for the maritime world to
  express opinions, wishes
• ec-maritime-green-paper_at_ec.europa.eu
• Proposes themes for reflection

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Green Paper Themes

• Strangthening Europes leadership
• Maximising quality of life in coastal regions
• Providing tools and data
• Maritime governance
• Europes maritime heritage and identity

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Thank you for your attention Christian
Dupont Deputy Head of Unit European Commission
DG TREN.J.1.