Conference resolution 1
(adopted on 12 December 2002)
ADOPTION
OF AMENDMENTS TO THE ANNEX TO THE
INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT
SEA,
1974
THE CONFERENCE,
BEARING IN MIND the purposes and principles of the
Charter of the United Nations concerning the maintenance
of international peace and security and the promotion
of friendly relations and co-operation among States,
DEEPLY CONCERNED about the world-wide escalation of
acts of terrorism in all its forms, which endanger
or take innocent human lives, jeopardize fundamental
freedoms and seriously impair the dignity of human
beings,
BEING AWARE of the importance and significance of
shipping to the world trade and economy and, therefore,
being determined to safeguard the worldwide supply
chain against any breach resulting from terrorist
attacks against ships, ports, offshore terminals or
other facilities,
CONSIDERING that unlawful acts against shipping jeopardize
the safety and security of persons and property, seriously
affect the operation of maritime services and undermine
the confidence of the peoples of the world in the
safety of maritime navigation,
CONSIDERING that the occurrence of such acts is a
matter of grave concern to the international community
as a whole, while also recognizing the importance
of the efficient and economic movement of world trade,
BEING CONVINCED of the urgent need to develop international
cooperation between States in devising and adopting
effective and practical measures, additional to those
already adopted by the International Maritime Organization
(hereinafter referred to as "the Organization"),
to prevent and suppress unlawful acts directed against
shipping in its broad sense,
RECALLING the United Nations Security Council resolution
1373(2001), adopted on 28 September 2001, requiring
States to take measures to prevent and suppress terrorist
acts, including calling on States to implement fully
anti-terrorist conventions,
HAVING NOTED the Co-operative G8 Action on Transport
Security (in particular, the Maritime Security section
thereof), endorsed by the G8 Leaders during their
Summit in Kananaskis, Alberta (Canada) in June 2002,
RECALLING article VIII(c) of the International Convention
for the Safety of Life at Sea, 1974, as amended (hereinafter
referred to as "the Convention"), concerning
the procedure for amending the Convention by a Conference
of Contracting Governments,
NOTING resolution A.924(22) entitled "Review
of measures and procedures to prevent acts of terrorism
which threaten the security of passengers and crew
and the safety of ships", adopted by the Assembly
of the Organization on 20 November 2001, which, inter
alia : (a) recognizes the need for the Organization
to review, with the intent to revise, existing international
legal and technical measures, and to consider appropriate
new measures, to prevent and suppress terrorism against
ships and to improve security aboard and ashore in
order to reduce the risk to passengers, crew and post
personnel on board ships and in port areas and to
the vessels and their cargoes; and (b) requests the
Organization.s Maritime Safety Committee, the Legal
Committee and the Facilitation Committee under the
direction of the Council to undertake, on a high priority
basis, a review to ascertain whether there is a need
to update the instruments referred to in the preambular
paragraphs of the aforesaid resolution and any other
relevant IMO instrument under their scope and/or to
adopt other security measures and, in the light of
such a review, to take action as appropriate;
HAVING IDENTIFIED resolution A.584(14) entitled "Measures
to prevent unlawful acts which threaten the safety
of ships and the security of their passengers and
crew", MSC/Circ.443 on "Measures to prevent
unlawful acts against passengers and crew on board
ships" and MSC/Circ.754 on "Passenger ferry
security" among the IMO instruments relevant
to the scope of resolution A.924(22),
RECALLING resolution 5 entitled "Future amendments
to chapter XI of the 1974 SOLAS Convention on special
measures to enhance maritime safety", adopted
by the 1994 Conference of Contracting Government to
the International Convention for the Safety of Life
at Sea, 1974, HAVING CONSIDERED amendments to the
Annex of the Convention proposed and circulated to
all Members of the Organization and to all Contracting
Governments to the Convention,
1. ADOPTS, in accordance with article VIII(c)(ii)
of the Convention, amendments to the Annex of the
Convention, the text of which is given in the Annex
to the present resolution;
2. DETERMINES, in accordance with article
VIII(b)(vi)(2)(bb) of the Convention, that the aforementioned
amendments shall be deemed to have been accepted on
1 January 2004, unless, prior to that date, more than
one third of the Contracting Governments to the Convention
or Contracting Governments the combined merchant fleets
of which constitute not less than 50% of the gross
tonnage of the world.s merchant fleet, have notified
their objections to the amendments;
3. INVITES Contracting Governments to the
Convention to note that, in accordance with article
VIII(b)(vii)(2) of the Convention, the said amendments
shall enter into force on 1 July 2004 upon their acceptance
in accordance with paragraph 2 above;
4. REQUESTS the Secretary-General of the
Organization, in conformity with article VIII(b)(v)
of the Convention, to transmit certified copies of
the present resolution and the text of the amendments
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
AMENDMENTS TO THE ANNEX TO
THE INTERNATIONAL
CONVENTION FOR THE SAFETY OF LIFE
AT SEA, 1974 AS AMENDED
CHAPTER V
SAFETY OF NAVIGATION
Regulation 19 Carriage
requirements for shipborne navigational systems and
Equipment
1. The existing subparagraphs
.4, .5 and .6 of paragraph 2.4.2 are replaced
by the following:
" .4 in the case of ships, other
than passenger ships and tankers, of 300 gross tonnage
and upwards but less than 50,000 gross tonnage, not
later than the first safety equipment survey * after
1 July 2004 or by 31 December 2004, whichever occurs
earlier; and"
2. The following new sentence
is added at the end of the existing subparagraph
.7 of paragraph 2.4: "Ships fitted with
AIS shall maintain AIS in operation at all times except
where international agreements, rules or standards
provide for the protection of navigational information."
CHAPTER XI
SPECIAL MEASURES TO ENHANCE
MARITIME SAFETY
3. The existing
chapter XI is renumbered as chapter XI-1.
* The first safety equipment survey means
the first annual survey the first periodical survey
or the first renewal survey for safety equipment,
whichever is due first after 1 July 2004 and, in addition,
in the case of ships under construction, the initial
survey.
Regulation 3 Ship identification
number
4. The following text is inserted after
the title of the regulation: "(Paragraphs
4 and 5 apply to all ships to which this regulation
applies. For ships constructed before [1 July 2004],
the requirements of paragraphs 4 and 5 shall be complied
with not later than the first scheduled dry-docking
of the ship after [1 July 2004])"
5. The existing paragraph 4 is deleted
and the following new text is inserted:
" 4 The ship's identification number shall
be permanently marked:
.1 in a visible place either on the stern
of the ship or on either side of the hull, amidships
port and starboard, above the deepest assigned load
line or either side of the superstructure, port and
starboard or on the front of the superstructure or,
in the case of passenger ships, on a horizontal surface
visible from the air; and
.2 in an easily accessible place either on
one of the end transverse bulkheads of the machinery
spaces, as defined in regulation II- 2/3.30, or on
one of the hatchways or, in the case of tankers, in
the pump-room or, in the case of ships with ro-ro
spaces, as defined in regulation II-2/3.41, on one
of the end transverse bulkheads of the ro-ro spaces.
5.1 The permanent marking shall be plainly
visible, clear of any other markings on the hull and
shall be painted in a contrasting colour.
5.2 The permanent marking referred to in
paragraph 4.1 shall be not less than 200 mm in height.
The permanent marking referred to in paragraph 4.2
shall not be less than 100 mm in height. The width
of the marks shall be proportionate to the height.
5.3 The permanent marking may be made by
raised lettering or by cutting it in or by centre
punching it or by any other equivalent method of marking
the ship identification number which ensures that
the marking is not easily expunged.
5.4 On ships constructed of material other
than steel or metal, the Administration shall approve
the method of marking the ship identification number."
6 The following new regulation 5 is added
after the existing regulation 4 :
" Regulation 5 Continuous
Synopsis Record
1 Every ship to which chapter I applies shall
be issued with a Continuous Synopsis Record.
2.1 The Continuous Synopsis Record is intended
to provide an on-board record of the history of the
ship with respect to the information recorded therein.
2.2 For ships constructed before 1 July 2004,
the Continuous Synopsis Record shall, at least, provide
the history of the ship as from 1 July 2004.
3 The Continuous Synopsis Record shall be
issued by the Administration to each ship that is
entitled to fly its flag and it shall contain at least,
the following information:
.1 the name of the State whose flag
the ship is entitled to fly;
.2 the date on which the ship was registered
with that State;
.3 the ship.s identification number in accordance
with regulation 3;
.4 the name of the ship;
.5 the port at which the ship is registered;
.6 the name of the registered owner(s) and
their registered address(es);
.7 the name of the registered bareboat charterer(s)
and their registered address(es), if applicable;
.8 the name of the Company ,
as defined in regulation IX/1, its registered
address and the address(es) from where it carries
out the safety management activities;
.9 the name of all classification society(ies)
with which the ship is classed;
.10 the name of the Administration or of
the Contracting Government or of the recognized organization
which has issued the Document of Compliance (or the
Interim Document of Compliance) , specified
in the ISM Code as defined in regulation IX/1, to
the Company operating the ship and the name of the
body which has carried out the audit on the basis
of which the document was issued, if other than that
issuing the document;
.11 the name of the Administration or of
the Contracting Government or of the recognized organization
that has issued the Safety Management Certificate
(or the Interim Safety Management Certificate), specified
in the ISM Code as defined in regulation IX/1, to
the ship and the name of the body which has carried
out the audit on the basis of which the certificate
was issued, if other than that issuing the certificate;
.12 the name of the Administration or of
the Contracting Government or of the recognized security
organization that has issued the International Ship
Security Certificate (or an Interim International
Ship Security Certificate), specified in part A of
the ISPS Code as defined in regulation XI-2/1, to
the ship and the name of the body which has carried
out the verification on the basis of which the certificate
was issued, if other than that issuing the certificate;
and
.13 the date on which the ship ceased to
be registered with that State.
4.1 Any changes relating to the entries referred
to in paragraphs 3.4 to 3.12 shall be recorded in
the Continuous Synopsis Record so as to provide updated
and current information together with the history
of the changes.
4.2 In case of any changes relating to the
entries referred to in paragraph 4.1, the Administration
shall issue, as soon as is practically possible but
not later than three months from the date of the change,
to the ships entitled to fly its flag either a revised
and updated version of the Continuous Synopsis Record
or appropriate amendments thereto.
4.3 In case of any changes relating to the
entries referred to in paragraph 4.1, the Administration,
pending the issue of a revised and updated version
of the Continuous Synopsis Record, shall authorise
and require either the Company as defined in regulation
IX/1 or the master of the ship to amend the Continuous
Synopsis Record to reflect the changes. In such cases,
after the Continuous Synopsis Record has been amended
the Company shall, without delay, inform the Administration
accordingly.
5.1 The Continuous Synopsis Record shall
be in English, French or Spanish language. Additionally
, a translation of the Continuous Synopsis
Record into the official language or languages of
the Administration may be provided.
5.2 The Continuous Synopsis Record
shall be in the format developed by the Organization
and shall be maintained in accordance with guidelines
developed by the Organization. Any previous entries
in the Continuous Synopsis Record shall not be modified,
deleted or, in any way, erased or defaced.
6 Whenever a ship is transferred to the flag
of another State or the ship is sold to another owner
(or is taken over by another bareboat charterer) or
another Company assumes the responsibility for the
operation of the ship, the Continuous Synopsis Record
shall be left on board.
7 When a ship is to be transferred to the
flag of another State, the Company shall notify the
Administration of the name of the State under whose
flag the ship is to be transferred so as to enable
the Administration to forward to that State a copy
of the Continuous Synopsis Record covering the period
during which the ship was under their jurisdiction.
8 When a ship is transferred to the flag
of another State the Government of which is a Contracting
Government, the Contracting Government of the State
whose flag the ship was flying hitherto shall transmit
to the Administration as soon as possible after the
transfer takes place a copy of the relevant Continuous
Synopsis Record covering the period during which the
ship was under their jurisdiction together with any
Continuous Synopsis Records previous issued to the
ship by other States.
9 When a ship is transferred to the flag
of another State, the Administration shall append
the previous Continuous Synopsis Records to the Continuous
Synopsis Record the Administration will issue to the
ship so to provide the continuous history record intended
by this regulation.
10 The Continuous Synopsis Record shall be
kept on board the ship and shall be available for
inspection at all times." 7 The following
new chapter XI-2 is inserted after the renumbered
chapter XI-1: "
CHAPTER XI-2 SPECIAL
MEASURES TO ENHANCE MARITIME SECURITY
Regulation 1
Definitions
1 For the purpose of this chapter, unless
expressly provided otherwise:
.1 Bulk carrier means a bulk carrier
as defined in regulation IX/1.6.
.2 Chemical tanker means a chemical
tanker as defined in regulation VII/8.2.
.3 Gas carrier means a gas carrier
as defined in regulation VII/11.2.
.4 High-speed craft means a craft
as defined in regulation X/1.2.
.5 Mobile offshore drilling unit means
a mechanically propelled mobile offshore drilling
unit, as defined in regulation IX/1, not on location.
.6 Oil tanker means an oil tanker
as defined in regulation II- 1/2.12.
.7 Company means a Company as defined
in regulation IX/1.
.8 Ship/port interface means the
interactions that occur when a ship is directly and
immediately affected by actions involving the movement
of persons, goods or the provisions of port services
to or from the ship.
.9 Port facility is a location,
as determined by the Contracting Government or by
the Designated Authority, where the ship/port interface
takes place. This includes areas such as 135 anchorages,
waiting berths and approaches from seaward, as appropriate.
.10 Ship to ship activity means
any activity not related to a port facility that involves
the transfer of goods or persons from one ship to
another.
.11 Designated Authority means the
organization(s) or the administration(s) identified,
within the Contracting Government, as responsible
for ensuring the implementation of the provisions
of this chapter pertaining to port facility security
and ship/port interface, from the point of view of
the port facility.
.12 International Ship and Port
Facility Security (ISPS) Code means the International
Code for the Security of Ships and of Port Facilities
consisting of Part A (the provisions of which shall
be treated as mandatory) and part B (the provisions
of which shall be treated as recommendatory), as adopted,
on 12 December 2002, by resolution 2 of the Conference
of Contracting Governments to the International Convention
for the Safety of Life at Sea, 1974 as may be amended
by the Organization, provided that: .1 amendments
to part A of the Code are adopted, brought into force
and take effect in accordance with article VIII of
the present Convention concerning the amendment procedures
applicable to the Annex other than chapter I; and
.2 amendments to part B of the Code are adopted
by the Maritime Safety Committee in accordance with
its Rules of Procedure.
.13 Security incident means any
suspicious act or circumstance threatening the security
of a ship, including a mobile offshore drilling unit
and a high speed craft, or of a port facility or of
any ship/port interface or any ship to ship activity.
.14 Security level means the qualification
of the degree of risk that a security incident will
be attempted or will occur.
.15 Declaration of security means
an agreement reached between a ship and either a port
facility or another ship with which it interfaces
specifying the security measures each will implement.
.16 Recognized security organization
means an organization with appropriate expertise
in security matters and with appropriate knowledge
of ship and port operations authorized to carry out
an assessment, or a verification, or an approval or
a certification activity, required by this chapter
or by part A of the ISPS Code.
2 The term "ship", when used in
regulations 3 to 13, includes mobile offshore drilling
units and high-speed craft.
3 The term "all ships", when used
in this chapter, means any ship to which this chapter
applies.
4 The term "Contracting Government",
when used in regulations 3, 4, 7, 10, 11, 12 and 13
includes a reference to the "Designated Authority".
Regulation 2 Application
1 This chapter applies to:
.1 the following types of ships engaged on
international voyages: .1.1 passenger ships, including
high-speed passenger craft; .1.2 cargo ships, including
high-speed craft, of 500 gross tonnage and upwards;
and .1.3 mobile offshore drilling units; and
.2 port facilities serving such ships engaged
on international voyages .
2 Notwithstanding the provisions of paragraph
1.2, Contracting Governments shall decide the extent
of application of this chapter and of the relevant
sections of part A of the ISPS 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.
2.1 Contracting Governments shall base their
decisions, under paragraph 2, on a port facility security
assessment carried out in accordance with the provisions
of part A of the ISPS Code.
2.2 Any decision which a Contracting Government
makes, under paragraph 2, shall not compromise the
level of security intended to be achieved by this
chapter or by part A of the ISPS Code.
3 This chapter does not apply to
warships, naval auxiliaries or other ships owned or
operated by a Contracting Government and used only
on Government non-commercial service.
4 Nothing in this chapter shall prejudice
the rights or obligations of States under international
law.
Regulation 3 Obligations of
Contracting Governments with respect to security
1 Administrations shall set security levels
and ensure the provision of security level information
to ships entitled to fly their flag. When changes
in security level occur, security level information
shall be updated as the circumstance dictates.
2 Contracting Governments shall set security
levels and ensure the provision of security level
information to port facilities within their territory,
and to ships prior to entering a port or whilst in
a port within their territory. When changes in security
level occur, security level information shall be updated
as the circumstance dictates.
Regulation 4 Requirements for
Companies and ships
1 Companies shall comply with the relevant
requirements of this chapter and of part A of the
ISPS Code , taking into account the guidance
given in part B of the ISPS Code.
2 Ships shall comply with the relevant requirements
of this chapter and of part A of the ISPS Code ,
taking into account the guidance given in part
B of the ISPS Code, and such compliance shall be verified
and certified as provided for in part A of the ISPS
Code.
3 Prior to entering a port or whilst in a
port within the territory of a Contracting Government,
a ship shall comply with the requirements for the
security level set by that Contracting Government,
if such security level is higher than the security
level set by the Administration for that ship.
4 Ships shall respond without undue delay
to any change to a higher security level.
5 Where a ship is not in compliance with
the requirements of this chapter or of part A of the
ISPS Code , or cannot comply with the 138
requirements of the security level set by the Administration
or by another Contracting Government and applicable
to that ship, then the ship shall notify the appropriate
competent authority prior to conducting any ship/port
interface or prior to entry into port, whichever occurs
earlier.
Regulation 5 Specific responsibility
of Companies
The Company shall ensure that the master has available
on board, at all times, information through which
officers duly authorised by a Contracting Government
can establish:
.1 who is responsible for appointing
the members of the crew or other persons currently
employed or engaged on board the ship in any capacity
on the business of that ship;
.2 who is responsible for deciding the employment
of the ship; and
.3 in cases where the ship is employed under
the terms of charter party(ies), who are the parties
to such charter party(ies).
Regulation 6 Ship security alert
system
* 1 All
ships shall be provided with a ship security alert
system, as follows:
.1 ships constructed on or after 1 July 2004;
.2 passenger ships , including
high-speed passenger craft ,
constructed before 1 July 2004, not later than the
first survey of the radio installation after 1 July
2004;
.3 oil tankers, chemical tankers, gas carriers,
bulk carriers and cargo high speed craft ,
of 500 gross tonnage and upwards constructed
before 1 July 2004, not later than the first survey
of the radio installation after 1 July 2004; and
.4 other cargo ships of 500 gross tonnage
and upward and mobile offshore drilling units constructed
before 1 July 2004, not later than the first survey
of the radio installation after 1 July 2006.
2 The ship security alert system, when activated,
shall:
.1 initiate and transmit a ship-to-shore
security alert to a competent authority designated
by the Administration , which
in these circumstances may include the Company, identifying
the ship, its location and indicating that the security
of the ship is under threat or it has been compromised;
.2 not send the ship security alert
to any other ships;
.3 not raise any alarm on-board the ship;
and
.4 continue the ship security alert until
deactivated and/or reset.
3 The ship security
alert system shall: * Refer to the performance standards
for a ship security alert system adopted by resolution
MSC.136(76).
.1 be capable of
being activated from the navigation bridge and in
at least one other location; and
.2 conform to performance standards
not inferior to those adopted by the Organization.
4 The ship security
alert system activation points shall be designed so
as to prevent the inadvertent initiation of the ship
security alert.
5 The requirement
for a ship security alert system may be complied with
by using the radio installation fitted for compliance
with the requirements of chapter IV, provided all
requirements of this regulation are complied with.
6 When an Administration
receives notification of a ship security alert, that
Administration shall immediately notify the State(s)
in the vicinity of which the ship is presently operating.
7 When a Contracting
Government receives notification of a ship security
alert from a ship which is not entitled to fly its
flag, that Contracting Government shall immediately
notify the relevant Administration and, if appropriate,
the State(s) in the vicinity of which the ship is
presently operating.
Regulation 7 Threats
to ships
1 Contracting Governments
shall set security levels and ensure the provision
of security level information to ships operating in
their territorial sea or having communicated an intention
to enter their territorial sea.
2 Contracting Governments
shall provide a point of contact through which such
ships can request advice or assistance and to which
such ships 140 can report any security concerns about
other ships, movements or communications.
3 Where a risk of
attack has been identified, the Contracting Government
concerned shall advise the ships concerned and their
Administrations of:
.1 the current security level;
.2 any security measures that should be put
in place by the ships concerned to protect themselves
from attack, in accordance with the provisions of
part A of the ISPS Code; and
.3 security measures that the coastal State
has decided to put in place, as appropriate.
Regulation 8 Master's
discretion for ship safety and security
1 The master shall not be constrained by
the Company, the charterer or any other person from
taking or executing any decision which, in the professional
judgement of the master, is necessary to maintain
the safety and security of the ship. This includes
denial of access to persons (except those identified
as duly authorized by a Contracting Government) or
their effects and refusal to load cargo, including
containers or other closed cargo transport units.
2 If, in the professional judgement
of the master, a conflict between any safety and security
requirements applicable to the ship arises during
its operations, the master shall give effect to those
requirements necessary to maintain the safety of the
ship. In such cases, the master may implement temporary
security measures and shall forthwith inform the Administration
and, if appropriate, the Contracting Government in
whose port the ship is operating or intends to enter.
Any such temporary security measures under this regulation
shall, to the highest possible degree, be commensurate
with the prevailing security level. When such cases
are identified, the Administration shall ensure that
such conflicts are resolved and that the possibility
of recurrence is minimised.
Regulation 9 Control
and compliance measures
1 Control of ships in port
1.1 For the purpose of this chapter, every
ship to which this chapter applies is subject to control
when in a port of another Contracting Government by
officers duly authorised by that Government, who may
be the same as those carrying out the functions of
regulation I/19. Such control shall be limited to
verifying that there is onboard a valid International
Ship Security Certificate or a valid Interim International
Ships Security Certificate issued under the provisions
of part A of the ISPS Code (Certificate), which if
valid shall be accepted, unless there are clear grounds
for believing that the ship is not in compliance with
the requirements of this chapter or part A of the
ISPS Code.
1.2 When there are such clear grounds,
or where no valid Certificate is produced when required,
the officers duly authorized by the Contracting Government
shall impose any one or more control measures in relation
to that ship as provided in paragraph 1.3. Any such
measures imposed must be proportionate, taking into
account the guidance given in part B of the ISPS Code.
1.3 Such control measures are as follows:
inspection of the ship, delaying the ship, detention
of the ship, restriction of operations including movement
within the port, or expulsion of the ship from port.
Such control measures may additionally or alternatively
include other lesser administrative or corrective
measures.
2 Ships intending to enter a port of another Contracting
Government
2.1 For the purpose of this chapter, a Contracting
Government may require that ships intending to enter
its ports provide the following information to officers
duly authorized by that Government to ensure compliance
with this chapter prior to entry into port with the
aim of avoiding the need to impose control measures
or steps:
.1 that the ship possesses a valid Certificate
and the name of its issuing authority;
.2 the security level at which the ship is
currently operating;
.3 the security level at which the ship operated
in any previous port where it has conducted a ship/port
interface within the timeframe specified in paragraph
2.3;
.4 any special or additional security measures
that were taken by the ship in any previous port where
it has conducted a ship/port interface within the
timeframe specified in paragraph 2.3;
.5 that the appropriate ship security procedures
were maintained during any ship to ship activity within
the timeframe specified in paragraph 2.3; or
.6 other practical security related information
(but not details of the ship security plan), taking
into account the guidance given in part B of the ISPS
Code. If requested by the Contracting Government,
the ship or the Company shall provide confirmation,
acceptable to that Contracting Government, of the
information required above.
2.2 Every ship to
which this chapter applies intending to enter the
port of another Contracting Government shall provide
the information described in paragraph 2.1 on the
request of the officers duly authorized by that Government.
The master may decline to provide such information
on the understanding that failure to do so may result
in denial of entry into port.
2.3 The ship shall
keep records of the information referred to in paragraph
2.1 for the last 10 calls at port facilities.
2.4 If, after receipt
of the information described in paragraph 2.1, officers
duly authorised by the Contracting Government of the
port in which the ship intends to enter have clear
grounds for believing that the ship is in non-compliance
with the requirements of this chapter or part A of
the ISPS Code, such officers shall attempt to establish
communication with and between the ship and the Administration
in order to rectify the non-compliance. If such communication
does not result in rectification, or if such officers
have clear grounds otherwise for believing that the
ship is in non-compliance with the requirements of
this chapter or part A of the ISPS Code, such officers
may take steps in relation to that ship as provided
in paragraph 2.5. Any such steps taken must be proportionate,
taking into account the guidance given in part B of
the ISPS Code.
2.5 Such steps are
as follows:
.1 a requirement for the rectification of
the non-compliance;
.2 a requirement that the ship proceed to
a location specified in the territorial sea or internal
waters of that Contracting Government;
.3 inspection of the ship, if the ship is
in the territorial sea of the Contracting Government
the port of which the ship intends to enter; or
.4 denial of entry into port. Prior
to initiating any such steps, the ship shall be informed
by the Contracting Government of its intentions. Upon
this information the master may withdraw the intention
to enter that port. In such cases, this regulation
shall not apply.
3 Additional provisions
3.1 In the event:
.1 of the imposition of a control measure,
other than a lesser administrative or corrective measure,
referred to in paragraph 1.3; or
.2 any of the steps referred to in paragraph
2.5 are taken, an officer duly authorized by the Contracting
Government shall forthwith inform in writing the Administration
specifying which control measures have been imposed
or steps taken and the reasons thereof. The Contracting
Government imposing the control measures or steps
shall also notify the recognized security organization,
which issued the Certificate relating to the ship
concerned and the Organization when any such control
measures have been imposed or steps taken.
3.2 When entry
into port is denied or the ship is expelled from port,
the authorities of the port State should communicate
the appropriate facts to the authorities of the State
of the next appropriate ports of call, when known,
and any other appropriate coastal States, taking into
account guidelines to be developed by the Organization.
Confidentiality and security of such notification
shall be ensured.
3.3 Denial of entry
into port, pursuant to paragraphs 2.4 and 2.5, or
expulsion from port , pursuant to paragraphs
1.1 to 1.3, shall only be imposed where the officers
duly authorized by the Contracting Government have
clear grounds to believe that the ship poses an immediate
threat to the security or safety of persons, or of
ships or other property and there are no other appropriate
means for removing that threat.
3.4 The control
measures referred to in paragraph 1.3 and the steps
referred to in paragraph 2.5 shall only be imposed
, pursuant to this regulation, until the
non-compliance giving rise to the control measures
or steps has been corrected to the satisfaction of
the Contracting Government, taking into account actions
proposed by the ship or the Administration, if any.
3.5 When Contracting
Governments exercise control under paragraph 1 or
take steps under paragraph 2:
.1 all possible efforts shall be made to
avoid a ship being unduly detained or delayed. If
a ship is thereby unduly detained, or delayed, it
shall be entitled to compensation for any loss or
damage suffered; and
.2 necessary access to the ship shall not
be prevented for emergency or humanitarian reasons
and for security purposes.
Regulation 10 Requirements for
port facilities
1 Port facilities shall comply with the relevant
requirements of this chapter and part A of the ISPS
Code, taking into account the guidance given in part
B of the ISPS Code.
2 Contracting Governments
with a port facility or port facilities within their
territory, to which this regulation applies, shall
ensure that:
.1 port facility security assessments are
carried out, reviewed and approved in accordance with
the provisions of part A of the ISPS Code; and
.2 port facility security plans are developed,
reviewed, approved and implemented in accordance with
the provisions of part A of the ISPS Code.
3 Contracting Governments
shall designate and communicate the measures required
to be addressed in a port facility security plan for
the various security levels, including when the submission
of a Declaration of Security will be required.
Regulation 11 Alternative
security agreements
1 Contracting Governments may, when implementing
this chapter and part A of the ISPS Code, conclude
in writing bilateral or multilateral agreements with
other Contracting Governments on alternative security
arrangements covering short international voyages
on fixed routes between port facilities located within
their territories.
2 Any such agreement
shall not compromise the level of security of other
ships or of port facilities not covered by the agreement.
3 No ship covered
by such an agreement shall conduct any ship-to-ship
activities with any ship not covered by the agreement.
4 Such agreements
shall be reviewed periodically, taking into account
the experience gained as well as any changes in the
particular circumstances or the assessed threats to
the security of the ships, the port facilities or
the routes covered by the agreement.
Regulation
12 Equivalent security arrangements
1 An Administration
may allow a particular ship or a group of ships entitled
to fly its flag to implement other security measures
equivalent to those prescribed in this chapter or
in part A of the ISPS Code, provided such security
measures are at least as effective as those prescribed
in this chapter or part A of the ISPS Code. The Administration,
which allows such security measures, shall communicate
to the Organization particulars thereof.
2 When implementing
this chapter and part A of the ISPS Code, a Contracting
Government may allow a particular port facility or
a group of port facilities located within its territory,
other than those covered by an agreement concluded
under regulation 11, to implement security measures
equivalent to those prescribed in this chapter or
in Part A of the ISPS Code, provided such security
measures are at least as effective as those prescribed
in this chapter or part A of the ISPS Code. The Contracting
Government, which allows such security measures, shall
communicate to the Organization particulars thereof.
Regulation 13 Communication
of information
1 Contracting Governments
shall, not later than 1 July 2004, communicate to
the Organization and shall make available for the
information of Companies and ships:
.1 the names and contact details of their
national authority or authorities responsible for
ship and port facility security;
.2 the locations within their territory covered
by the approved port facility security plans.
.3 the names and contact details of those
who have been designated to be available at all times
to receive and act upon the ship-to-shore security
alerts, referred to in regulation 6.2.1;
.4 the names and contact details of those
who have been designated to be available at all times
to receive and act upon any communications from Contracting
Governments exercising control and compliance measures,
referred to in regulation 9.3.1; and
.5 the names and contact details of those
who have been designated to be available at all times
to provide advice or 146 assistance to ships and to
whom ships can report any security concerns, referred
to in regulation 7.2; and thereafter update such information
as and when changes relating thereto occur. The Organization
shall circulate such particulars to other Contracting
Governments for the information of their officers.
2 Contracting Governments
shall, not later than 1 July 2004, communicate to
the Organization the names and contact details of
any recognized security organizations authorized to
act on their behalf together with details of the specific
responsibility and conditions of authority delegated
to such organizations. Such information shall be updated
as and when changes relating thereto occur. The Organization
shall circulate such particulars to other Contracting
Governments for the information of their officers.
3 Contracting Governments
shall, not later than 1 July 2004 communicate to the
Organization a list showing the approved port facility
security plans for the port facilities located within
their territory together with the location or locations
covered by each approved port facility security plan
and the corresponding date of approval and thereafter
shall further communicate when any of the following
changes take place:
.1 changes in the location or locations covered
by an approved port facility security plan are to
be introduced or have been introduced. In such cases
the information to be communicated shall indicate
the changes in the location or locations covered by
the plan and the date as of which such changes are
to be introduced or were implemented;
.2 an approved port facility security plan,
previously included in the list submitted to the Organization,
is to be withdrawn or has been withdrawn. In such
cases, the information to be communicated shall indicate
the date on which the withdrawal will take effect
or was implemented. In these cases, the communication
shall be made to the Organization as soon as is practically
possible; and
.3 additions are to be made to the list of
approved port facility security plans. In such cases,
the information to be communicated shall indicate
the location or locations covered by the plan and
the date of approval.
4 Contracting Governments
shall, at five year intervals after 1 July 2004, communicate
to the Organization a revised and updated list showing
all the approved port facility security plans for
the port facilities located within their territory
together with the location or locations covered by
each approved port facility security plan and the
corresponding 147 date of approval (and the date of
approval of any amendments thereto) which will supersede
and replace all information communicated to the Organization,
pursuant to paragraph 3, during the preceding five
years.
5 Contracting Governments
shall communicate to the Organi-zation information
that an agreement under regulation 11 has been concluded.
The information communicated shall include:
.1 the names of the Contracting Governments
which have concluded the agreement;
.2 the port facilities and the fixed routes
covered by the agreement;
.3 the periodicity of review of the agreement;
.4 the date of entry into force of the agreement;
and
.5 information on any consultations which
have taken place with other Contracting Governments;
and thereafter shall communicate, as soon as practically
possible, to the Organization information when the
agreement has been amended or has ended.
6 Any Contracting
Government which allows, under the provisions of regulation
12, any equivalent security arrangements with respect
to a ship entitled to fly its flag or with respect
to a port facility located within its territory, shall
communicate to the Organization particulars thereof.
7 The Organization shall make available
the information communicated under paragraph 3 to
other Contracting Governments upon request.
CONFERENCE RESOLUTION 3
(adopted on 12 December 2002)
FURTHER WORK BY THE INTERNATIONAL
MARITIME
ORGANIZATION PERTAINING TO THE ENHANCEMENT
OF MARITIME SECURITY
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,
RECOGNIZING the need for further work in the area
of enhancement of maritime security and in order to
ensure the global and uniform application and implementation
of the special measures to enhance maritime security
adopted by the Conference,
1. INVITES the International
Maritime Organization (hereinafter referred to as
“the Organization”), bearing in mind the provisions
of chapter XI-2 of the Convention and the International
Ship and Port Facility Security (ISPS) Code (hereinafter
referred to as “the ISPS Code”), to:
(a) develop training guidance such as model courses
for ship security officers, company security officers
, port facility security
officers and company, ship and port security personnel;
(b) review the Organization's Assembly resolution
A.787(19) as amended by resolution A.882(21) on Procedures
for port State control and, if found necessary, develop
appropriate amendments thereto;
(c) consider the need and, if necessary, develop further
guidance on control and compliance measures on aspects
other than those already addressed in part B of the
ISPS Code;
(d) consider the need and, if necessary, develop guidelines
on recognized security organizations;
(e) review the Organization's Assembly resolution
A.890(21) on Principles of safe manning and, if found
necessary, develop appropriate amendments thereto;
(f) review the aspect of security of ships to which
chapter XI-2 of the Convention applies when interfacing
with floating production storage units and floating
storage units and take action as appropriate;
(g) consider, in the context of security, relevant
aspects of facilitation of maritime traffic such as,
for example, port arrivals and departures, standardized
forms of reporting and electronic data interchange
and take action as appropriate;
(h) review the Organization's Assembly resolution
A.872(20) on Guidelines for the Prevention and Suppression
of the Smuggling of Drugs, Psychotropic Substances
and Precursor Chemicals on Ships Engaged in International
Maritime Traffic and, if necessary, develop appropriate
amendments thereto; and
(i) consider the need and, if necessary, develop any
other guidance or guidelines to ensure the global,
uniform and consistent implementation of the provisions
of chapter XI-2 of the Convention or part A of the
ISPS Code; and to adopt them in time before the entry
into force of the amendments to the Convention adopted
by the Conference or as and when the Organization
considers appropriate;
2. INVITES ALSO
the Organization to carry out, as a matter of urgency,
an impact assessment of the proposals to implement
the long-range identification and tracking of ships
and, if found necessary, develop and adopt appropriate
performance standards and guidelines for long-range
ship identification and tracking systems.
CONFERENCE RESOLUTION 4
(adopted on 12 December 2002)
FUTURE AMENDMENTS TO CHAPTERS
XI-1 AND XI-2 OF THE 1974
SOLAS CONVENTION ON SPECIAL MEASURES
TO ENHANCE
MARITIME SAFETY AND SECURITY
THE CONFERENCE,
HAVING ADOPTED amendments to the International Convention
for the Safety of Life at Sea (SOLAS), 1974, as amended
(hereinafter referred to as “the Convention”), concerning
special measures to enhance maritime safety and security,
NOTING the special nature of the measures now included
in the new chapter XI-2 of the Convention aimed at
enhancing maritime security,
RECOGNIZING the need for urgent and special measures
to enhance maritime security and the desire of Contracting
Governments to bring these measures into force as
soon as possible, NOTING ALSO that it may be necessary,
due to the special nature of the issues involved,
to frequently amend, in the future, the provisions
of chapter XI-2 of the Convention in order to respond,
in a proactive manner, to new or emerging security
risks and threats,
RECALLING Resolution 5 entitled “Future amendments
to Chapter XI of the 1974 SOLAS Convention on special
measures to enhance maritime safety”, adopted by the
1994 Conference of Contracting Government to the International
Convention for the Safety of Life at Sea, 1974, DESIRING
that future amendments to chapters XI-1 and XI-2 of
the Convention are adopted, brought into force and
given effect in the shortest possible time,
RECOMMENDS that future amendments to the provisions
of chapters XI-1 and XI-2 of the Convention should
be adopted by either the Maritime Safety Committee
of the International Maritime Organization in accordance
with article VIII(b) of the Convention or by a Conference
of Contracting Governments to the Convention in accordance
with article VIII(c) thereof.
CONFERENCE RESOLUTION 5
(adopted on 12 December 2002)
PROMOTION OF TECHNICAL CO-OPERATION
AND ASSISTANCE
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,
RECALLING operative paragraph 5 of resolution A.924(22)
on Review of measures and procedures to prevent acts
of terrorism which threaten the security of passengers
and crews and the safety of ships, adopted on 20 November
2001 by the Assembly of the International Maritime
Organization (hereinafter referred to as .the Organization.),
whereby the Secretary-General of the Organization
is requested to take appropriate measures within the
Integrated Technical Co-operation Programme to assist
Governments to assess, put in place or enhance, as
the case may be, appropriate infrastructure and measures
to strengthen port safety and security so as to prevent
and suppress terrorist acts directed against ports
and port personnel as well as ships in port areas,
passengers and crew,
BEING APPRECIATIVE of the steps already taken by the
Secretary-General of the Organization, in response
to request of the Assembly of the Organization, to
provide assistance to States in strengthening their
maritime and port security infrastructure and measures,
RECOGNIZING the need for the development of appropriate
legislation and the putting in place of appropriate
infrastructure for ship and port facility security
and relevant training facilities in order to ensure
the global and uniform application and implementation
of the special measures adopted to enhance maritime
security,
RECOGNIZING ALSO the importance of adequate education
and training for seafarers and port facility personnel
to contribute to the overall efforts to enhance maritime
security,
RECOGNIZING FURTHER that, in some cases, there may
be limited infrastructure, facilities and training
programmes for obtaining the experience required for
the purpose of preventing acts which threaten the
security of ships and of port facilities, particularly
in developing countries,
BELIEVING that the promotion of technical co-operation
at the international level will assist those States
not yet having adequate expertise or facilities for
providing training and experience to assess, put in
place or enhance appropriate infrastructure and, in
general, implement the measures required by the adopted
amendments necessary to strengthen maritime security
on board ships and ashore,
EMPHASIZING, in this regard, the vital role that safe
and secure shipping and port operations play in sustainable
socio-economic development,
1. STRONGLY URGES
Contracting Governments to the Convention and Member
States of the Organization to:
(a) provide, in co-operation with the Organization,
assistance to those States which have difficulty in
implementing or meeting the requirements of the adopted
amendments or the ISPS Code; and
(b) use the Integrated Technical Co-operation Programme
of the Organization as one of the main instruments
to obtain assistance in advancing effective implementation
of, and compliance with, the adopted amendments and
the ISPS Code;
2. REQUESTS the
Secretary-General of the Organization to make adequate
provision, within the Integrated Technical Co-operation
Programme, to strengthen further the assistance that
is already being provided and to promote, in co-operation,
as appropriate, with relevant international organizations,
the enhancement of the Organization's capacity to
address the future needs of developing countries for
continued education and training and the improvement
of their maritime and port security infrastructure
and measures;
3. INVITES donors, international
organizations and the shipping and port industry to
contribute financial, human and/or in-kind resources
to the Integrated Technical Co-operation Programme
of the Organization for its maritime and port security
activities;
4. INVITES ALSO
the Secretary General to give early consideration
to establishing a Maritime Security Trust Fund for
the purpose of providing a dedicated source of financial
support for maritime security technical-cooperation
activities and, in particular, for providing support
for national initiatives in developing countries to
strengthen their maritime security infrastructure
and measures.
CONFERENCE RESOLUTION 6
(adopted on 12 December 2002)
EARLY IMPLEMENTATION OF THE
SPECIAL MEASURES TO ENHANCE MARITIME
SECURITY
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,
RECOGNIZING the important contribution that the implementation
of the special measures adopted will make towards
the safe and secure operation of ships, for pollution
prevention and for the safety and security of those
on board and ashore,
RECOGNIZING ALSO that the task of implementing the
requirements of chapter XI-2 of the Convention and
of the International Ship and Port Facility Security
(ISPS) Code (hereinafter referred to as “the Code”)
will place a significant burden on Contracting Governments,
Administrations, recognized security organizations,
RECALLING that the Code from 1 July 2004, requires
each ship to which the provisions of chapter XI-2
of the Convention and part A of the Code apply, to
be provided with an appropriate Ship Security Plan,
RECALLING ALSO that each such ship is required to
be provided with an International Ship Security Certificate
not later than 1 July 2004,
RECOGNIZING FURTHER that the process of verifying
the compliance of a ship, to which the provisions
of chapter XI-2 of the Convention and part A of the
Code apply, with the requirements of the chapter XI-2
and of the Code cannot be undertaken until the Ship
Security Plan has been approved and its provisions
have been implemented on board,
DESIRING to ensure the smooth implementation of the
provisions of chapter XI-2 of the Convention and of
the Code,
BEARING IN MIND the difficulties experienced during
implemen-tation of the International Safety Management
(ISM) Code,
1. DRAWS the attention
of Contracting Governments to the Convention and the
industry to the fact that neither chapter XI-2 of
the Convention nor the Code provide for any extension
of the implementation dates for the introduction of
the special measures concerned to enhance maritime
security;
2. URGES Contracting
Governments to take, as a matter of high priority,
any action needed to finalize as soon as possible
any legislative or administrative arrangements, which
are required at the national level, to give effect
to the requirements of the adopted amendments to the
Convention (and the Code) relating to the certification
of ships entitled to fly their flag or port facilities
situated in their territory;
3. RECOMMENDS that
Contracting Governments and Administrations concerned
designate dates, in advance of the application date
of 1 July 2004 by which requests for:
.1 review and approval of Ship Security Plans;
.2 verification and certification of ships; and
.3 review and approval of Port Facility Security Assessments
and of Port Facility Security Plans; should be submitted
in order to allow Contracting Governments, Administrations
and recognized security organizations, time to complete
the review and approval and the verification and certification
process and for Companies , ships
and port facilities to rectify any non-compliance;
4. INVITES Contracting
Governments, on and after 1 July 2004, to recognize
and accept as valid and as meeting the requirements
of chapter XI-2 of the Convention and part A of the
Code any:
.1 Ship Security Plans approved,
prior to 1 July 2004, pursuant to the provisions of
part A of the Code, by Administrations or on their
behalf; and
.2 International Ship Security Certificates issued,
prior to 1 July 2004, in accordance with the provisions
of part A of the Code, by Administrations or on their
behalf; as far as these relate to ships which, on
1 July 2004, were entitled to fly the flag of the
State of the Administration which, or on behalf of
which, the plan in question was approved or the certificate
in question was issued;
5. FURTHER RECOMMENDS
that Contracting Governments and the industry take
early appropriate action to ensure that all necessary
infrastructure is in place in time for the effective
implementation of the adopted measures to enhance
maritime security on board ships and ashore.
CONFERENCE RESOLUTION 7
(adopted on 12 December 2002)
ESTABLISHMENT OF APPROPRIATE
MEASURES TO ENHANCE
THE SECURITY OF SHIPS, PORT FACILITIES, MOBILE
OFFSHORE DRILLING UNITS ON LOCATION
AND FIXED AND
FLOATING PLATFORMS NOT COVERED BY
CHAPTER XI-2 OF THE
1974 SOLAS CONVENTION
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,
RECALLING that chapter XI-2 of the Convention applies
only to:
(a) the following types of ships engaged on international
voyages:
.1 passenger ships including passenger high-speed
craft; and
.2 cargo ships, including cargo high speed craft,
of 500 gross tonnage and upwards; and
.3 mobile offshore drilling units; and
(b) port facilities serving such ships engaged on
international voyages,
RECOGNIZING the important contribution that the implementation
of the special measures adopted will make towards
the safe and secure operation of ships, for pollution
prevention and for the safety and security of those
on board and ashore,
RECOGNIZING ALSO the need to address and establish
appropriate measures to enhance the security of ships
and of port facilities other than those covered by
chapter XI-2 of the Convention,
RECOGNIZING FURTHER that the establishment of such
measures will further enhance and positively contribute
towards the international efforts to ensure maritime
security and to prevent and suppress acts threatening
the security in the maritime transport sector,
1. INVITES Contracting Governments
to the Convention to establish, as they may consider
necessary, and to disseminate, as they deem fit, appropriate
measures to enhance the security of ships and of port
facilities other than those covered by chapter XI-2
of the Convention;
2. ENCOURAGES, in particular, Contracting
Governments to establish, as they may consider necessary,
and to disseminate, as they deem fit, information
to facilitate the interactions of ships and of port
facilities to which chapter XI-2 of the Convention
applies with ships which are not covered by chapter
XI-2 of the Convention;
3. ALSO ENCOURAGES Contracting Governments
to establish , as they may consider necessary
, and to disseminate as they deem fit, information
to facilitate contact and liaison between company
and ship security officers and the authorities responsible
for the security of port facilities not covered by
chapter XI-2 of the Convention, prior to a ship entering,
or anchoring off, such a port;
4. FURTHER ENCOURAGES Contracting
Governments, when exercising their responsibilities
for mobile offshore drilling units and for fixed and
floating platforms operating on their Continental
Shelf or within their Exclusive Economic Zone, to
ensure that any security provisions applying to such
units and platforms allow interaction with those applying
to ships covered by chapter XI-2 of the Convention,
that serve, or operate in conjunction with, such units
or platforms;
5. REQUESTS Contracting Governments
to inform the Organi-zation of any action they have
taken in this respect.
CONFERENCE RESOLUTION 8
(adopted on 12 December 2002)
ENHANCEMENT OF SECURITY IN
CO-OPERATION WITH THE
INTERNATIONAL LABOUR ORGANIZATION
(Seafarers' Identity documents and Work on
the wider issues
