EMSA: Guidance on implementation of EU regulation regarding maritime security
EMSA published a document to support shipping in the implementation of EU regulation regarding maritime security. The content of this document is intended for the use of all personnel responsible for security in the EU maritime public and private sector.
This document provides guidance to assist Member States in achieving a harmonised and effective implementation of Union law in the field of maritime security, particularly Regulation (EC) No 725/2004 of 31 March 2004 on enhancing ship and port facility security and Directive 2005/65/EC of 26 October 2005 on enhancing port security.
In particular, this guidance focuses on administrative and control tasks that need to be executed by Member States’ Competent Authorities for maritime security in relation to the following areas:
- Member State obligations;
- Role as flag State;
- Role of Recognised Security Organisations (RSOs);
- Role as port State (i.e. Duly Authorised Officers, DAO);
- Port Facilities;
- Communication of information
The added value of the document is to provide guidance on selected aspects of this activity where the feed-back from maritime security inspections led by the European Commission in Member States with the assistance of EMSA allows to highlight key regulatory requirements, providing more clarity where possible, together with recommendations and best management practices as a complement to the said requirements.
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In this, the guidance recalls considerations and interpretations agreed within the MARSEC Committee and takes into account IMO instruments as relevant.
In addition, the scope of this guidance is related to the implementation of the EU legislative framework and applies to:
- All ports falling into the scope of the Directive;
- All ships and port facilities falling under the scope of SOLAS XI-2.
With respect to domestic shipping all ships falling under Art. 3 para. 2 and 3 of the Regulation. These are:
- Class A passenger ships within the meaning of Article 4 of Directive 2009/45/EC of 6 May 2009 as amended on safety rules and standards for passenger ships operating domestic services and to their companies, as defined in SOLAS IX-1, and to the port facilities serving them;
- Different categories of ships operating domestic services, their companies and the port facilities serving them, in their application of the Regulation as determined by the Member State in question pursuant to mandatory security risk assessment required by the said Regulation.