Regulation (EC) No 725/2004 of the European Parliament and of the CouncilDangos y teitl llawn

Article 3 U.K. Joint measures and scope

1. In respect of international shipping, Member States shall apply in full, by 1 July 2004, the special measures to enhance maritime security of the SOLAS Convention and Part A of the ISPS Code, in accordance with the conditions and with respect to the ships, companies and port facilities referred to therein.

2. In respect of domestic shipping, Member States shall apply, by 1 July 2005, the special measures to enhance maritime security of the SOLAS Convention and Part A of the ISPS Code to Class A passenger ships within the meaning of Article 4 of Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships(1) operating domestic services and to their companies, as defined in regulation IX-1 of the SOLAS Convention, and to the port facilities serving them.

3. Member States shall, after a mandatory security risk assessment, decide the extent to which they will apply, by 1 July 2007, the provisions of this Regulation to different categories of ships operating domestic services other than those referred to in paragraph 2, their companies and the port facilities serving them. The overall level of security should not be compromised by such a decision.

Member States shall notify the Commission of such decisions when they are adopted, as well as of the periodic review, which must take place at intervals of no more than five years.

4. When implementing the provisions required pursuant to paragraphs 1, 2 and 3, Member States shall take fully into account the guidelines contained in Part B of the ISPS Code.

5. Member States shall conform to the following paragraphs of Part B of the ISPS Code as if they were mandatory:

• 1.12 (revision of ship security plans),

• 1.16 (port facility security assessment),

• 4.1 (protection of the confidentiality of security plans and assessments),

• 4.4 (recognised security organisations),

• 4.5 (minimum competencies of recognised security organisations),

• 4.8 (setting the security level),

• 4.14, 4.15, 4.16 (contact points and information on port facility security plans),

• 4.18 (identification documents),

• 4.24 (ships' application of the security measures recommended by the State in whose territorial waters they are sailing),

• 4.28 (manning level),

• 4.41 (communication of information when entry into port is denied or the ship is expelled from port),

• 4.45 (ships from a State which is not party to the Convention),

• 6.1 (company's obligation to provide the master with information on the ship's operators),

• 8.3 to 8.10 (minimum standards for the ship security assessment),

• 9.2 (minimum standards for the ship security plan),

• 9.4 (independence of recognised security organisations),

• 13.6 and 13.7 (frequency of security drills and exercises for ships' crews and for company and ship security officers),

• 15.3 to 15.4 (minimum standards for the port facility security assessment),

• 16.3 and 16.8 (minimum standards for the port facility security plan),

• 18.5 and 18.6 (frequency of security drills and exercises in port facilities and for port facility security officers).

6. Notwithstanding the provisions of paragraph 15.4 of Part A of the ISPS Code, the periodic review of the port facility security assessments provided for in paragraph 1.16 of Part B of the ISPS Code shall be carried out at the latest five years after the assessments were carried out or last reviewed.

7. This Regulation shall not apply to ships of war and troopships, cargo ships of less than 500 gross tonnage, ships not propelled by mechanical means, wooden ships of primitive build, fishing vessels or vessels not engaged in commercial activities.

8. Notwithstanding the provisions of paragraphs 2 and 3, Member States shall ensure, when ship security plans and port facility security plans are approved, that such plans contain appropriate provisions to ensure that the security of ships to which this Regulation applies is not compromised by any ship or port interface or ship-to-ship activity with any ships not subject to this Regulation.

(1)

OJ L 144, 15.5.1998, p. 1. Directive as last amended by Commission Directive 2003/75/EC (OJ L 190, 30.7.2003, p. 6).