EU Issues Proposals to Strengthen Vessel, Terminal, and Port Security
The European Union's (EU's) European Commission (Commission) has issued two proposals designed to strengthen maritime transport security and port security. The Commission first proposed regulations on enhancing the security of ships and certain port facilities in May 2003, and in February 2004 it issued another proposal aimed at enhancing port security.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
EU sources explain that these two proposals are designed to compliment one another. These sources state that the May 2003 proposal concerns vessels and terminal areas of ports (i.e. where vessels are loaded and unloaded), the February 2004 proposal targets those areas of the port and port personnel beyond terminal areas.
(EU sources further explained that these two proposals are separate from the Commission's proposal for a requirement that traders provide customs authorities with information on goods in advance of their import into or export from the EU.
The Commission has previously stated that the proposed requirements would be similar to the U.S.' 24-hour rule. See ITT's Online Archives or 08/08/03 news, 03080805, for BP summary of these and other Commission proposals.)
Highlights of European Commission's Proposals on Vessel, Port Security, Etc.
Highlights of the Commission's proposals include the following (partial lists):
May 2003 Vessel and Terminal Proposal - The Commission's proposal for a regulation to enhance ship and terminal security principally consists of preventive measures and incorporates, among other things, Chapter XI-2 (Special measures to enhance maritime safety) of the International Maritime Organization's (IMO's) International Convention for the Safety of Life at Sea (SOLAS) and the Ship and Port Facility Security Code (ISPS Code) which are scheduled to enter into force on July 1, 2004. (See ITT's Online Archives or 01/22/04 news, 04012205, for BP summary of these IMO security measures.)
In addition to incorporating the above-described IMO-adopted measures, the Commission's proposal calls for (partial list):
Making some requirements that are only recommendations obligatory in order to raise the level of security sought and to avoid divergences of interpretation between Member States
A Requirement of a national authority to be responsible for the security of ships and port installations, and also a swifter timetable for implementation of some of the terms of the regulation than foreseen by the IMO agreement
An inspection process supervised by the Commission to verify the means of control and implementation of national plans adopted within the framework of this proposed regulation.
EU sources state that this proposed regulation is expected to be finalized in April 2004.
February 2004 Port Security Proposal - This proposal for a directive on enhancing port security is aimed at complementing the above-described ship and terminal proposal by ensuring that all European port areas benefit from a European-wide security scheme.
In a press release, the Commission states that because ports go far beyond terminal areas and are vulnerable in all their constituent parts, the following have been proposed:
Ports would carry out a security assessment in order to decide what security measures are required, where, and when;
Ports would establish a port security plan which outlines all measures and details for enhancing port security;
A port security officer who coordinates security measures should be nominated; and
A security authority would be identified for supervising security measures and establishing the links between the political level and security measures on the ground.
Commission Press Release on May 2003 Proposal (D/N IP/03/651, dated 05/08/03) available at http://europa.eu.int/rapid/start/cgi/guesten.ksh?p_action.gettxt=gt&doc=IP/03/6510RAPID&lg=EN
Commission's May 2003 Proposal (dated 05/02/03) available at http://europa.eu.int/eur-lex/en/com/pdf/2003/com2003_0229en01.pdf
Commission Press Release on February 2004 Proposal (D/N IP/04/212, dated 02/17/04) available at http://europa.eu.int/rapid/start/cgi/guesten.ksh?p_action.gettxt=gt&doc=IP/04/2120RAPID&lg=EN&display=
Commission's February 2004 Proposal (dated 02/10/04) available athttp://europa.eu.int/eur-lex/en/com/pdf/2004/com2004_0076en01.pdf