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

Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security (Text with EEA relevance)

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Article 1U.K.Objectives

1.The main objective of this Regulation is to [F1enhance] the security of ships used in international trade and domestic shipping and associated port facilities in the face of threats of intentional unlawful acts.

2.The Regulation is also intended to provide a basis for the F2... interpretation and implementation F3... of the special measures to enhance maritime security adopted by the Diplomatic Conference of the IMO on 12 December 2002, which amended the 1974 International Convention for the Safety of Life at Sea (SOLAS Convention) and established the International Ship and Port Facility Security Code (ISPS Code).

Article 2U.K.Definitions

For the purposes of this Regulation:

1.

[F4‘the special maritime security measures’ means Chapter XI-2 of the Annex to the SOLAS Convention, as amended from time to time (but this is subject to the provision made by Article 10 about the application of those measures by virtue of Article 3).]

2.

F5...

3.

[F6‘Part A of the ISPS Code’ means the Preamble and the mandatory requirements forming Part A of the International Code for the Security of Ships and of Port Facilities, as amended from time to time (but this is subject to the provision made by Article 10 about the application of Part A of the Code by virtue of Article 3).]

4.

[F7‘Part B of the ISPS Code’ means the guidelines forming Part B of the International Code for the Security of Ships and of Port Facilities, as amended from time to time.]

5.

‘maritime security’ means the combination of preventive measures intended to protect shipping and port facilities against threats of intentional unlawful acts,

6.

F8...

7.

F9...

8.

‘international shipping’ means any maritime transport service by ship from a port facility [F10in the United Kingdom to a port facility outside the United Kingdom,] or conversely,

9.

‘domestic shipping’ means any transport service by ship in sea areas from a port facility [F11in the United Kingdom] to the same port facility or another port facility [F12in the United Kingdom,]

10.

‘scheduled service’ means a series of sailings organised in such a way as to provide a service linking two or more port facilities:

(a)

either on the basis of a published timetable;

(b)

or with a regularity or frequency such as to constitute a recognisable systematic service,

11.

‘port facility’ means a location where the ship/port interface takes place; this includes areas such as anchorages, waiting berths and approaches from seaward, as appropriate,

12.

‘ship/port interface’ means the interactions that occur when a ship is directly and immediately affected by actions involving the movement of persons or goods or the provision of port services to or from the ship,

13.

‘intentional unlawful act’ means a deliberate act, which, by its nature or context, could harm the vessels used for international or national maritime traffic, their passengers or their cargoes, or the port facilities connected therewith.

Textual Amendments

Article 3U.K.[F13Scope]

[F141.In respect of international shipping, the special maritime security measures and Part A of the ISPS Code are to have the force of law in the United Kingdom.]

[F152.

(1)In respect of domestic shipping, the special maritime security measures and Part A of the ISPS Code are to have effect in relation to—

(a)Class A passenger ships,

(b)their companies, and

(c)the port facilities serving them,

as they have effect (in accordance with paragraph 1 and Article 10(1) and (5)) in relation to the corresponding international shipping matters.

(2)In subparagraph (1) ‘the corresponding international shipping matters’ means—

(a)the ships mentioned in paragraph 1.1 of regulation 2 of the special maritime security measures,

(b)their companies, and

(c)the port facilities mentioned in paragraph 1.2 of that regulation.]

[F163.

(1)In respect of domestic shipping, the special maritime security measures and Part A of the ISPS Code are to have effect in relation to—

(a)Class B passenger ships which are certified to carry more than 250 passengers,

(b)tankers operating domestic services, and

(c)the companies of ships within point (a) or (b),

as they have effect (in accordance with paragraph 1 and Article 10(1) and (5)) in relation to the ships mentioned in paragraph 1.1 of regulation 2 of the special maritime security measures and their companies.

(2)But in the application of the special maritime security measures and Part A of the ISPS Code by virtue of subparagraph (1)—

(a)regulation 6 of the special maritime security measures (ship security alert system) does not have effect in relation to the ships and companies mentioned in subparagraph (1)(a) to (c);

(b)nothing in those measures and that Part requires a declaration of security to be completed or signed on behalf of the ships mentioned in subparagraph (1)(a) and (b),

and the special maritime security measures and Parts A and B of the ISPS Code are to be read with any modifications that are appropriate in accordance with points (a) and (b) of this subparagraph.

(3)In this paragraph ‘tanker’ means a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of a flammable nature.]

[F173A.

(1)In this Article ‘Class A passenger ship’ and ‘Class B passenger ship’ mean, respectively, a Class A passenger ship and a Class B passenger ship within the meaning of Article 4 of Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships (as that Directive had effect as last amended by Commission Directive 2010/36/EU).

(2)For the purposes of subparagraph (1), Article 4 of that Directive is to be interpreted as requiring the Secretary of State to—

(a)establish, and update when necessary, a list of sea areas under United Kingdom jurisdiction delimiting the zones for all year round operation and, where appropriate, restricted periodical operation of the classes of ships, using the criteria set out in paragraph 1 of that Article, and

(b)publish that list in its updated version in a Merchant Shipping Notice and in a public database available on the internet site of the Maritime and Coastguard Agency.

(3)If, immediately before IP completion day, Merchant Shipping Notice 1747(M) (which contains a list of sea areas established by the Secretary of State for the purposes of Article 4(2) of Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships) is in force, that list is to have effect on and after IP completion day as if it had been established under subparagraph (2) (and may be updated accordingly).]

[F184.In exercising any functions under, or in connection with the implementation of, the special maritime security measures or Part A of the ISPS Code (as they have effect in accordance with paragraphs 1 to 3) the Secretary of State must take fully into account the guidelines contained in Part B of the ISPS Code.]

5.[F19The following paragraphs of Part B of the ISPS Code must be complied with] 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, [F20the Secretary of State] 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.

[F219.In this Article ‘company’ means a Company as defined in Regulation IX-1 of the SOLAS Convention.]

Textual Amendments

F22Article 4U.K.Communication of information

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F23Article 5U.K.Alternative security agreements or equivalent security arrangements

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Article 6U.K.Provision of security information prior to entry into a port F24...

1.[F25When a ship which is subject to the requirements of the special maritime security measures (by virtue of Article 3 of this Regulation or otherwise) announces its intention to enter a port in the United Kingdom, the Secretary of State must require that the information referred to in paragraph 2.1 of regulation 9 (ships intending to enter a port of another Contracting Government) of the special maritime security measures is provided.] The [F26Secretary of State] shall analyse, as far as necessary, the information provided and, where necessary, apply the procedure provided for in paragraph 2 of [F27regulation 9 of those special measures].

2.The information referred to in paragraph 1 shall be provided:

(a)at least 24 hours in advance; or

(b)at the latest, at the time the ship leaves the previous port, if the voyage time is less than 24 hours; or

(c)if the port of call is not known or if it is changed during the voyage, as soon as the port of call becomes known.

3.A report shall be kept of the procedure followed in respect of each ship subject to a security incident, as defined in paragraph 1.13 of regulation 1 (definitions) of the [F28special maritime security measures].

Article 7U.K.Exemptions from the provision of security information prior to entry into a port

1.[F29The Secretary of State] may exempt scheduled services performed between port facilities located [F29in the United Kingdom] from the requirement laid down in Article 6 where the following conditions are met:

(a)the company operating the scheduled services referred to above keeps and updates a list of the ships concerned and sends it to the [F30Secretary of State],

(b)for each voyage performed, the information referred to in paragraph 2.1 of regulation 9 of the [F31special maritime security measures] is kept available for the [F32Secretary of State] upon request. The company must establish an internal system to ensure that, upon request 24 hours a day and without delay, the said information can be sent to the [F32Secretary of State].

[F332.When an international scheduled service is operated between the United Kingdom and one or more EEA States the Secretary of State may, on the request of the company operating the service, grant an exemption to the service in accordance with the conditions laid down in paragraph 1.]

3.[F34The Secretary of State must periodically] check that the conditions laid down in paragraphs 1 and 2 are being met. Where at least one of these conditions is no longer being met, [F34the Secretary of State must immediately] withdraw the privilege of the exemption from the company concerned.

F354.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.Notwithstanding the provisions of paragraphs 1 and 2, [F36the Secretary of State] may, on security grounds and on a case-by-case basis, request the provision of the information referred to in paragraph 2.1 of regulation 9 of the [F37special maritime security measures] prior to entry into a port.

Textual Amendments

Article 8U.K.Security checks in [F38United Kingdom] ports

1.Certificate verification, as defined in paragraph 1.1 of regulation 9 (Control of ships in port) of the [F39special maritime security measures], shall be carried out in the port [F40by the Secretary of State].

F412.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42Article 9U.K.Implementation and conformity checking

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Article 10U.K. [F43Power to exclude] amendments to international instruments

[F441.

(1)Subparagraph (2) applies if the Secretary of State determines by regulations under paragraph 5 that an amendment made to the special maritime security measures or to Part A of the ISPS Code is to be excluded in relation to international shipping.

(2)For the purposes of the application of the special maritime security measures and Part A of the ISPS Code by virtue of Article 3(1) of this Regulation (application in respect of international shipping), the amendment is to be treated as not having been made.]

[F452.

(1)Subparagraph (2) applies if the Secretary of State determines by regulations made under this subparagraph that an amendment made to the special maritime security measures or to Part A of the ISPS Code (which would not otherwise be excluded, by virtue of being excluded in relation to international shipping: see paragraphs 2(1) and 3(1) of Article 3) is to be excluded in relation to domestic services.

(2)For the purposes of the application of the special maritime security measures and Part A of the ISPS code by virtue of Article 3(2) and (3) of this Regulation (application in respect of domestic services), the amendment is to be treated as not having been made.]

F463 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F474.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F485.If it appears to the Secretary of State that there is a manifest risk that an amendment to the special maritime security measures or to Part A of the ISPS Code will lower the standard of maritime security, the Secretary of State may by regulations determine that the amendment is to be excluded in relation to international shipping.]

[F495A.

(1)Regulations under this Article are to be made by statutory instrument.

(2)An instrument containing regulations under this Article is subject to annulment in pursuance of a resolution of either House of Parliament.]

F506.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F517.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F528.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53 Article 11 U.K. Committee procedure

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F54Article 12U.K.Confidentiality

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F55Article 13U.K.Dissemination of information

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F56Article 14U.K.Sanctions

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F57Article 15U.K.Entry into force

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F58...

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