ISPS Code. International Ship and Port Facility Security (12.12.2002)

 

INTERNATIONAL SHIP AND PORT FACILITY SECURITY
(ISPS) CODE

 

RESOLUTION 2

CONFERENCE OF CONTRACTING GOVERNMENTS OF THE 1974 SOLAS CONVENTION ON MARITIME SECURITY


ADOPTION OF THE INTERNATIONAL SHIP AND PORT FACILITY SECURITY (ISPS) CODE

(adopted on 12 December 2002)

 

 

THE CONFERENCE,

 

HAVING ADOPTED amendments to the International Convention for the Safety of Life at Sea, 1974, as amended (hereinafter referred to as "the Convention"), concerning special measures to enhance maritime safety and security,

 

CONSIDERING that the new chapter XI-2 of the Convention makes a reference to an International Ship and Port Facility Security (ISPS) Code and requires that ships, companies and port facilities to comply with the relevant requirements of part A of the International Ship and Port Facility Security (ISPS) Code (hereinafter referred to as "the Code"), as specified in the part A of the Code,

 

BEING OF THE OPINION that the implementation by Contracting Governments of the said chapter will greatly contribute to the enhancement of maritime safety and security and safeguarding those on board and ashore,

 

HAVING CONSIDERED a draft of the Code prepared by the Maritime Safety Committee of the International Maritime Organization (hereinafter referred to as "the Organization"), at its seventy-fifth and seventy-sixth session, for consideration and adoption by the Conference,

 

1. ADOPTS the International Ship and Port Facility Security (ISPS) Code, the text of which is set out in the Annex to the present resolution;

 

2. INVITES Contracting Governments to the Convention to note that the Code will take effect on July 2004 upon entry into force of the new chapter XI-2 of the Convention;

 

3. REQUESTS the Maritime Safety Committee to keep the Code under review and amend it, as appropriate;

 

4. REQUESTS the Secretary-General of the Organization to transmit certified copies of the present resolution and the text of the Code contained in the Annex to all Contracting Governments to the Convention;

 

5. FURTHER REQUESTS the Secretary-General to transmit copies of this resolution and its Annex to all Members of the Organization, which are not Contracting Governments to the Convention.

 

ANNEX

 

INTERNATIONAL CODE FOR THE SECURITY OF SHIPS AND OF PORT FACILITIES

 

PREAMBLE

 

1. The Diplomatic Conference on Maritime Security held in London in December 2002 adopted new provisions in the International Convention for the Safety of Life at Sea, 1974 and this Code to enhance maritime security. These new requirements form the international framework through which ships and port facilities can co-operate to detect and deter acts which threaten security in the maritime transport sector.

 

2. Following the tragic events of 11th September 2001, the twenty-second session of the Assembly of the International Maritime Organization (the Organization), in November 2001, unanimously agreed to the development of new measures relating to the security of ships and of port facilities for adoption by a Conference of Contracting Governments to the International Convention for the Safety of Life at Sea, 1974 (known as the Diplomatic Conference on Maritime Security) in December 2002. Preparation for the Diplomatic Conference was entrusted to the Organization's Maritime Safety Committee (MSC) on the basis of submissions made by Member States, intergovernmental organizations and non-governmental organizations in consultative status with the Organization.

 

3. The MSC, at its first extraordinary session, held also in November 2001, in order to accelerate the development and the adoption of the appropriate security measures established an MSC Intersessional Working Group on Maritime Security. The first meeting of the MSC Intersessional Working Group on Maritime Security was held in February 2002 and the outcome of its discussions was reported to, and considered by, the seventy-fifth session of the MSC in May 2002, when an ad hoc Working Group was established to further develop the proposals made. The seventy-fifth session of the MSC considered the report of that Working Group and recommended that work should be taken forward through a further MSC Intersessional Working Group, which was held in September 2002. The seventy-sixth session of the MSC considered the outcome of the September 2002 session of the MSC Intersessional Working Group and the further work undertaken by the MSC Working Group held in conjunction with the Committee's seventy-sixth session in December 2002, immediately prior to the Diplomatic Conference and agreed the final version of the proposed texts to be considered by the Diplomatic Conference.

 

4. The Diplomatic Conference (9 to 13 December 2002) also adopted amendments to the existing provisions of the International Convention for the Safety of Life at Sea, 1974 (SOLAS 74) accelerating the implementation of the requirement to fit Automatic Identification Systems and adopted new Regulations in Chapter XI-1 of SOLAS 74 covering marking of the Ship's Identification Number and the carriage of a Continuous Synopsis Record. The Diplomatic Conference also adopted a number of Conference Resolutions including those covering implementation and revision of this Code, Technical Co-operation, and co-operative work with the International Labour Organization and World Customs Organization. It was recognised that review and amendment of certain of the new provisions regarding maritime security may be required on completion of the work of these two Organizations.

 

5. The provision of Chapter XI-2 of SOLAS 74 and this Code apply to ships and to port facilities. The extension of SOLAS 74 to cover port facilities was agreed on the basis that SOLAS 74 offered the speediest means of ensuring the necessary security measures entered into force and given effect quickly. However, it was further agreed that the provisions relating to port facilities should relate solely to the ship/port interface. The wider issue of the security of port areas will be the subject of further joint work between the International Maritime Organization and the International Labour Organization. It was also agreed that the provisions should not extend to the actual response to attacks or to any necessary clear-up activities after such an attack.

 

6. In drafting the provision care has been taken to ensure compatibility with the provisions of the International Convention on Standards of Training, Certification and Watchkeeping and Certification for Seafarers, 1978, as amended, the International Safety Management (ISM) Code and the harmonised system of survey and certification.

 

7. The provisions represent a significant change in the approach of the international maritime industries to the issue of security in the maritime transport sector. It is recognised that they may place a significant additional burden on certain Contracting Governments. The importance of Technical Co-operation to assist Contracting Governments implement the provisions is fully recognised.

 

8. Implementation of the provisions will require continuing effective co-operation and understanding between all those involved with, or using, ships and port facilities including ship's personnel, port personnel, passengers, cargo interests, ship and port management and those in National and Local Authorities with security responsibilities. Existing practices and procedures will have to be reviewed and changed if they do not provide an adequate level of security. In the interests of enhanced maritime security additional responsibilities will have to be carried by the shipping and port industries and by National and Local Authorities.

 

9. The guidance given in Part B of this Code should be taken into account when implementing the security provisions set out in Chapter XI-2 of SOLAS 74 and in Part A of this Code. However, it is recognised that the extent to which the guidance applies may vary depending on the nature of the port facility and of the ship, its trade and/or cargo.

 

10 Nothing in this Code shall be interpreted or applied in a manner inconsistent with the proper respect of fundamental rights and freedoms as set out in international instruments, particularly those relating to maritime workers and refugees including the International Labour Organisation Declaration of Fundamental Principles and Rights at Work as well as international standards concerning maritime and port workers.

 

11 Recognizing that the Convention on the Facilitation of Maritime Traffic, 1965, as amended, provides that foreign crew members shall be allowed ashore by the public authorities while the ship on which they arrive is in port, provided that the formalities on arrival of the ship have been fulfilled and the public authorities have no reason to refuse permission to come ashore for reasons of public health, public safety or public order, Contracting Governments when approving ship and port facility security plans should pay due cognisance to the fact that ship's personnel live and work on the vessel and need shore leave and access to shore based seafarer welfare facilities, including medical care.

 

PART A.

MANDATORY REQUIREMENTS REGARDING THE PROVISIONS OF CHAPTER XI-2 OF THE ANNEX TO THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974, AS AMENDED

 

1. GENERAL

 

1.1 Introduction

 

This part of the International Code for the Security of Ships and Port Facilities contains mandatory provisions to which reference is made in chapter XI-2 of the International Convention for the Safety of Life at Sea, 1974 as amended.

 

1.2 Objectives

 

The objectives of this Code are:

 

.1 to establish an international framework involving cooperation between Contracting Governments, Government agencies, local administrations and the shipping and port industries to detect security threats and take preventive measures against security incidents affecting ships or port facilities used in international trade;

 

.2 to establish the respective roles and responsibilities of the Contracting Governments, Government agencies, local administrations and the shipping and port industries, at the national and international level for ensuring maritime security;

 

.3 to ensure the early and efficient collection and exchange of security-related information;

 

.4 to provide a methodology for security assessments so as to have in place plans and procedures to react to changing security levels; and

 

.5 to ensure confidence that adequate and proportionate maritime security measures are in place.

 

1.3 Functional requirements

 

In order to achieve its objectives, this Code embodies a number of functional requirements. These include, but are not limited to:

 

.1 gathering and assessing information with respect to security threats and exchanging such information with appropriate Contracting Governments;

 

.2 requiring the maintenance of communication protocols for ships and port facilities;

 

.3 preventing unauthorized access to ships, port facilities and their restricted areas;

 

.4 preventing the introduction of unauthorized weapons, incendiary devices or explosives to ships or port facilities;

 

.5 providing means for raising the alert in reaction to security threats or security incidents;

 

.6 requiring ship and port facility security plans based upon security assessments; and

 

.7 requiring training, drills and exercises to ensure familiarity with security plans and procedures.

 

2. DEFINITIONS

 

2.1 For the purpose of this part, unless expressly provided otherwise:

 

.1 Convention means the International Convention for the Safety of Life at Sea, 1974 as amended.

 

.2 Regulation means a regulation of the Convention.

 

.3 Chapter means a chapter of the Convention.

 

.4 Ship security plan means a plan developed to ensure the application of measures on board the ship designed to protect persons on board, cargo, cargo transport units, ship's stores or the ship from the risks of a security incident.

 

.5 Port facility security plan means a plan developed to ensure the application of measures designed to protect the port facility and ships, persons, cargo, cargo transport units and ship's stores within the port facility from the risks of a security incident.

 

.6 Ship security officer means the person on board the ship, accountable to the master, designated by the Company as responsible for the security of the ship, including implementation and maintenance of the ship security plan and for liaison with the company security officer and port facility security officers.

 

.7 Company security officer means the person designated by the Company for ensuring that a ship security assessment is carried out; that a ship security plan is developed, submitted for approval, and thereafter implemented and maintained and for liaison with port facility security officers and the ship security officer.

 

.8 Port facility security officer means the person designated as responsible for the development, implementation, revision and maintenance of the port facility security plan and for liaison with the ship security officers and company security officers.

 

.9 Security level 1 means the level for which minimum appropriate protective security measures shall be maintained at all times.

 

.10 Security level 2 means the level for which appropriate additional protective security measures shall be maintained for a period of time as a result of heightened risk of a security incident.

 

.11 Security level 3 means the level for which further specific protective security measures shall be maintained for a limited period of time when a security incident is probable or imminent, although it may not be possible to identify the specific target.

 

2.2 The term "ship", when used in this Code, includes mobile offshore drilling units and high-speed craft as defined in regulation XI-2/1.

 

2.3 The term "Contracting Government" in connection with any reference to a port facility, when used in sections 14 to 18, includes a reference to the "Designated Authority".

 

2.4 Terms not otherwise defined in this part shall have the same meaning as the meaning attributed to them in chapters I and XI-2.

 

3. APPLICATION

 

3.1 This Code applies to:

 

.1 the following types of ships engaged on international voyages:

 

.1 passenger ships, including high-speed passenger craft;

.2 cargo ships, including high-speed craft, of 500 gross tonnage and upwards; and

.3 mobile offshore drilling units; and

 

.2 port facilities serving such ships engaged on international voyages.

 

3.2 Notwithstanding the provisions of paragraph 3.1.2, Contracting Governments shall decide the extent of application of this part of the Code to those port facilities within their territory which, although used primarily by ships not engaged on international voyages, are required, occasionally, to serve ships arriving or departing on an international voyage.

 

3.2.1 Contracting Governments shall base their decisions, under paragraph 3.2, on a port facility security assessment carried out in accordance with this part of the Code.

 

3.2.2 Any decision which a Contracting Government makes, under paragraph 3.2, shall not compromise the level of security intended to be achieved by chapter XI-2 or by this part of the Code.

 

3.3 This Code does not apply to warships, naval auxiliaries and other ships owned or operated by a Contracting Government and used only on Government non-commercial service.

 

3.4 Sections 5 to 13 and 19 of this part apply to Companies and ships as specified in regulation XI-2/4.

 

3.5 Sections 5 and 14 to 18 of this part apply to port facilities as specified in regulation XI-2/10.

 

3.6 Nothing in this Code shall prejudice the rights or obligations of States under international law.

 

4. RESPONSIBILITIES OF CONTRACTING GOVERNMENTS

 

4.1 Subject to the provisions of regulations XI-2/3 and XI-2/7, Contracting Governments shall set security levels and provide guidance for protection from security incidents. Higher security levels indicate greater likelihood of occurrence of a security incident. Factors to be considered in setting the appropriate security level include:

 

.1 the degree that the threat information is credible;

 

.2 the degree that the threat information is corroborated;

 

.3 the degree that the threat information is specific or imminent; and

 

.4 the potential consequences of such a security incident.

 

4.2 Contracting Governments, when they set security level 3, shall issue, as necessary, appropriate instructions and shall provide security related information to the ships and port facilities that may be affected.

 

4.3 Contracting Governments may delegate to a recognized security organization certain of their security related duties under chapter XI-2 and this part of the Code with the exception of:

 

.1 setting of the applicable security level;

 

.2 approving a Port Facility Security Assessment and subsequent amendments to an approved assessment;

 

.3 determining the port facilities which will be required to designate a Port Facility Security Officer;

 

.4 approving a Port Facility Security Plan and subsequent amendments to an approved plan;

 

.5 exercising control and compliance measures pursuant to regulation XI-2/9; and

 

.6 establishing the requirements for a Declaration of Security.

 

4.4 Contracting Governments shall, to the extent they consider appropriate, test the effectiveness of the Ship or the Port Facility Security Plans, or of amendments to such plans, they have approved, or, in the case of ships, of plans which have been approved on their behalf.

 

5. DECLARATION OF SECURITY

 

5.1 Contracting Governments shall determine when a Declaration of Security is required by assessing the risk the ship/port interface or ship-to-ship activity poses to people, property or the environment.

 

5.2 A ship can request completion of a Declaration of Security when:

 

.1 the ship is operating at a higher security level than the port facility or another ship it is interfacing with;

 

.2 there is an agreement on Declaration of Security between Contracting Governments covering certain international voyages or specific ships on those voyages;

 

.3 there has been a security threat or a security incident involving the ship or involving the port facility, as applicable;

 

.4 the ship is at a port which is not required to have and implement an approved port facility security plan; or

 

.5 the ship is conducting ship-to-ship activities with another ship not required to have and implement an approved ship security plan.

 

5.3 Requests for the completion of a Declaration of Security, under this section, shall be acknowledged by the applicable port facility or ship.

 

5.4 The Declaration of Security shall be completed by:

 

.1 the master or the ship security officer on behalf of the ship(s); and, if appropriate,

 

.2 the port facility security officer or, if the Contracting Government determines otherwise, by any other body responsible for shore-side security, on behalf of the port facility.

 

5.5 The Declaration of Security shall address the security requirements that could be shared between a port facility and a ship (or between ships) and shall state the responsibility for each.

 

5.6 Contracting Governments shall specify, bearing in mind the provisions of regulation XI-2/9.2.3, the minimum period for which Declarations of Security shall be kept by the port facilities located within their territory.

 

5.7 Administrations shall specify, bearing in mind the provisions of regulation XI-2/9.2.3, the minimum period for which Declarations of Security shall be kept by ships entitled to fly their flag.

 


Купить полный текст документа можно после авторизации

За дополнительной информацией обращайтесь в ООО "Планета Одесса"
Тел. +38 (048) 792-54-36, 050-336-5436 email: rise3info@gmail.com

Home