Explanatory Memorandum to COM(2004)76 - Enhancing port security - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2004)76 - Enhancing port security. |
|---|---|
| source | COM(2004)76  |
| date | 10-02-2004 |
The communication on Maritime Security (COM(2003) 229 final) which incorporated a proposal for ship and ship/port interface security, currently going through the legislative process and referred to in this document as Regulation (EC) Nr. .../..., identified port security as a necessary second step which should secure both the port and the interface between the port and the hinterland. The need for protection extends to people working in or passing through ports, infrastructure and equipment, including means of transport. This proposal builds on to that earlier communication.
Contents
Ports are an essential link within the total transport chain, linking up maritime with landside trade and passenger flows. Ports are often the focal point for shipments of dangerous cargo, for major chemical and petrochemical production centres, and/or situated near cities. It is clear that terrorist attacks in ports can easily result in serious disruptions to transport systems and trigger knock-on effects on the surrounding industry as well as directly harming people in the port and the neighbouring population. It is within this context that the Commission is proposing to develop a comprehensive port security policy.
Work in the IMO i has led to the development of amendments to SOLAS i and the ISPS i Code. The Commission has proposed a regulation aimed at incorporating these measures into binding community law (COM(2003) 229 final). The legislative process is currently on-going.
Although an IMO-ILO i Working Group is currently working on a Code of Practice on Port Security, it appears unrealistic to expect results soon. It is to be noted that such a code would not be legally binding. In the light of this the Commission believes that the EU should go ahead with an own port security scheme. This proposal complements the work of the IMO-ILO.
The SOLAS amendments, ISPS Code and the proposed regulation, will enhance maritime security by developing security measures on ships and in port facilities i. Regulation (EC) Nr. .../... stops at that part of the port which represents the ship/port interface, i.e. the terminal. i There is a dual purpose to this proposal: to enhance security in those areas of ports not covered by Regulation (EC) Nr. .../... and to ensure that security measures implemented in application of Regulation (EC) Nr. .../... benefit from enhanced security in adjacent port areas. This proposal does not create new obligations in areas already covered by Regulation (EC) Nr. .../....
The Commission therefore considers that this directive achieves the following:
- Guaranteeing and monitoring at Community level the achievement of a sufficient level of port security, by complementing and supporting the security measures applying to the ship/port interface.
- Ensuring harmonised implementation and equal conditions throughout the European Union so as not to create differences for the commercial port users.
- Ensuring that necessary security measures covering the entire port can be implemented as far as possible by relying on already existing tools introduced by Regulation (EC) Nr. .../..., thereby achieving maximum security results through minimum additional burden for the ports.
Against the background of the significant variety of Community ports (large-small, privately-publicly owned, etc.), as well as in view of the diverse activities co-existing within Community-ports (cargo handling, industry, warehousing, transport, environmental areas, conurbations, and many more) a directive is the most appropriate legal instrument to introduce the required flexibility while establishing the necessary common port security level throughout the Community.
It is recognised that a number of port security regimes are already being applied in Member States. This directive allows existing security measures and structures to be maintained provided they comply with the rules of the directive.
Accordingly, the Commission:
- Proposes that the European Parliament and the Council should adopt as soon as possible this directive on enhancing Port Security. The proposal complements the security measures introduced by the regulation on enhancing ship and port facility security (Regulation (EC) Nr. .../...) by ensuring that, as a result, the entire port is covered by a security regime. This new proposal covers any port housing one or more of the port facilities which are covered by Regulation (EC) Nr. .../....
The measures required for enhancing port security would follow these principles:
- Port security complements maritime and ship/port interface security and ensures that these security measures are reinforced by security measures in the entire port area;
- A port security assessment decides what measures are required, where and when;
- Security levels distinguish between normal, heightened or imminent threats;
- A port security plan outlines all measures and details for enhancing port security;
- A port security authority is responsible for the identifying and implementing appropriate port security measures by means of the above mentioned assessment and plan;
- A port security officer coordinates development and implementation of the port security plan;
- A port security committee provides advice to the responsible authority;
- Training and control will support implementation of the required measures.
- The proposal relies on the same security structures and bodies (security assessments, officers, etc.) as Regulation (EC) Nr. .../... so as to ensure a comprehensive security regime for the entire maritime logistics chain from the vessel to the ship/port interface to the entire port to the port/hinterland interface. This approach allows a simplification of procedures as well as synergies in security. In particular, the proposed directive:
- calls upon Member States to define the boundaries of their ports for the purpose of this directive;
- calls upon Member States to ensure that proper port security assessments and port security plans are developed;
- calls upon Member States to determine and communicate the security levels in use and changes thereto;
- calls upon Member States to designate a port security authority for every port or for groups of ports. This is this public authority that will be responsible for the appropriate identification and implementation of port security measures;
- establishes the need to appoint a port security officer for each individual port to ensure proper coordination when port security assessments and plans are established, updated and followed up;
- establishes the general requirement of an advisory security committee, bringing together representatives of all relevant operational and government functions in a port;
- puts forward minimum requirements for security assessments and plans;
- calls for the appointment of focal points in the Member States to provide the necessary communication both to other member states and to the Commission;
- provide for inspection procedures to monitor the implementation of port security measures;
- lays down a procedure for the adaptation of its provisions.
The Commission proposes to base the directive on Article 80 i of the EC Treaty, without prejudice to member states' national security legislation and any measures that might be taken on the basis of Title VI of the Treaty on European Union.
Article 1:
This article sets out the subject-matter of the directive.
Article 2:
This article sets out the scope of the directive.
Article 3:
This article contains the definitions of the main terms used in the directive.
Article 4:
This article imposes upon Member States the obligation to closely co-ordinate the port security measures with those taken in application of the Regulation on maritime and port facility security.
Article 5:
This article imposes upon Member States the obligation to designate a port security authority. This port security authority will be responsible for the identification and implementation of appropriate port security measures.
Article 6:
This article contains the obligation for Member States to ensure that port security assessments are performed for all their ports covered by this directive. Such assessments will take into account the specificities of different sections of the port, as well as the security assessments developed for port facilities within the port boundaries as a result of the provisions of the regulation on maritime security. The detailed requirements of a port security assessment are contained in Annex I.
Article 7:
This article contains the obligation for Member States to ensure that port security plans are established for all their ports covered by this directive. Such plans will take into account the specificities of different sections of the port, as well as the security plans in place for the port facilities within the port boundaries as a result of the provisions of the regulation on maritime security. The detailed requirements of a port security plan are contained in Annex II. This Article also encompasses the need for adequate training and exercises. For this purpose it refers to Annex III, containing basic training requirements.
Article 8:
The directive imposes the use of three distinct security levels. Member States are required to introduce such system of levels to their relevant ports, determine and communicate the security levels in use in the different parts of their ports and any changes thereto. Communication will be based on a need-to-know basis.
Article 9:
Article 9 contains the obligation to designate a port security officer for each port covered by this directive, who should have sufficient local knowledge and authority to adequately ensure and coordinate the establishment, update and follow up of port security assessments and plans in their respective ports.
Article 10:
Recognising the need for optimal cooperation between the operational and public authority functions in a port, this article provides for the establishment of an advisory port security committee regrouping these port security stakeholders.
Article 11:
This article contains the requirement to review regularly port security assessments.
Article 12:
Article 12 provides for the possibility for Member States to appoint recognised port security organisations, provided these organisations comply with the conditions set out in Annex IV.
Article 13:
This article provides for the setting up of a focal point for port security, which will be the Commission's contact point for implementation of this directive.
Article 14:
This article encompasses the obligation of Member States to establish an adequate and regular control system concerning port security plans and their implementation. This article also contains the process whereby inspections supervised by the Commission are put in place to check the effectiveness of port security implementation monitoring and measures.
Article 15:
This article indicates that provisions may be adopted in order to define harmonised procedures for the application of the details related to the Annexes to this directive. Such adaptations will be guided by the Committee procedure, as defined in Article 14.
Article 16:
The Commission is assisted by the same committee set up by Regulation (EC) Nr. .../.... This committee acts in accordance with the regulatory procedure (Articles 5 and 7 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission i).
Article 17:
These articles are concerned with the confidentiality of security related information, in particular of inspection reports and answers of Member States.
Article 18:
This article calls upon Member States to institute effective, proportionate and dissuasive penalties for infringement of this directive.
Article 19:
This article contains the obligation upon Member States to bring into force the laws, regulations and administrative provisions necessary to comply with this directive and this not later than one year from the date of its entrance into force.
Article 20:
Contains the entry into force details.
Article 21:
Deals with the addressees of this directive.
Annex I:
Contains the detailed requirements for establishing a port security assessment.
Annex II:
Contains the detailed requirements for establishing a port security plan.
Annex III:
Contains the basic training requirements.
Annex IV:
Contains the detailed conditions to be fulfilled by a recognised port security organisation.