1. Transport EU Maritime Security Policy and legislation Christian DUPONT Deputy Head of Unit for Maritime & Land Transport Security DG Mobility and Transport European Commission Trafi seminar, Helsinki, 16 & 17 September 2014

2. Transport Key figures EU MARSEC LEGISLATION APPLIES TO : 23 coastal States & 26 Flag States 7574 flagged vessels (to which Regulation 725/2004 applies) 4300 maritime companies 1082 ports ‏ > 3800 port facilities 80 RSO appointed by the MS

3. Transport What is maritime security ? Preventing/reacting vs threats – only for/against the users of the seas? What kind of threats? Traditional threats to maritime security : mainly diplomatic/military nature (i.e. territorial disputes) Non-traditional threats : terrorism, piracy, organised crime, illegal fishing, etc… The non-definition of the IMO

4. Transport Definition of maritime security for EU maritime transport Regulation (EC) n° 725/2004 on enhancing ship & port facility security reads : ”Maritime security means the combination of preventing measures intended to protect shipping and port facilities against threats of intentional unlawful acts.”

5. Transport EU maritime transport security-related legislation 1. Regulation (EC) n° 725/2004: maritime & port facility security 2. Port Security Directive EC n° 65/2005 3. Commission Regulation 324/2008: inspections 4. Regulation (EC) 450/2008: Modernised Customs Code

6. Transport EU Maritime Security legislation (1) Regulation (EC) n° 725/2004 of 31 March 2004 Based on SOLAS chapter XI/2 and the ISPS Code, in force since 19/05/2004 scope is limited to ships, companies and port facilities International maritime traffic covered since 01/07/2004 « Class A » national maritime traffic since 01/07/2005 Other national maritime traffic from 01/07/2007, dependent upon the result of a compulsory security risk analysis to be conducted by each Member State Made mandatory some provisions of ISPS part B Creation of Community inspection regime, essential to ensure consistency Creation of an EU Maritime Security Committee

7. Transport EU Maritime Security legislation (2) Directive 2005/65/EC of 26 October 2005 on enhancing port security Based on the IMO/ILO code of practices for Port Security Threat not limited to the ship-port interface but also includes ports as a whole; Applies to any port with port facilities within scope of Regulation 725/2004; Complements ship and port facility security and expands into all security relevant port areas; Boundaries of the port to be defined on a case by case basis by the Member States

8. Transport EU Maritime Security legislation (3) Directive 2005/65/EC on enhancing port security contd. Uses the same tools as Regulation 725/2004 (security assessment, security plan, three Security Levels, approval by Member States, plus appointment of a Port Security Authority); Minimum requirements for PSA, PSP, training and RSOs (detailed in the Annexes); Port security officer to be appointed; A port security committee may provide practical advice on security matters; Particular attention to be given to Ro-Ro vessels carrying passengers and vehicles.

9. Transport Implementation Inspections to ensure implementation In general, Regulation 725 /2004 well implemented by Member States Differences in national administrative practices Different administrations for ships and ports Federal and decentralized structures Implementation of Directive 2005/65/EC more challenging

10. Transport Over 750 EU Commission inspections since 2005 LEGEND C- Companies RSO- Recognized Security Organizations DIR- ports NA- National Administrations PF- Port Facilities

11. Transport Self protection (BMP) Do not underestimate the threat Commission Recommendation (2010/159/EU) of 11 March 2010 “on BMPs" Improving the legal framework (PCASPs) Do not only focus on the situation off the coast of Somalia Legal competences Piracy: main issues at stake today

12. Transport Commission Recommendation (2010/159/EU) of 11 March 2010 “on BMPs" be consistent with commitments taken at IMO level; Flag States have a crucial role to play; “God helps those who help themselves”. Africa Oil & Gas Security Summit 2014

13. Transport BMP 4 The 3 fundamental requirements. Register at MSCHOA;. Report to UKMTO;. Implement Ship Protection Measures.

14. Transport BMP 4 Avoid being a victim of piracy. Do not be ALONE;. Do not be DETECTED;. Do not be SURPRISED;. Do not be VULNERABLE;. Do not be BOARDED;. Do not be CONTROLLED

15. Transport To conclude….. Much progress in ten years – but still plenty of scope to do more Port Security measures require a high level of vigilance from Member States authorities. Commission's MARSEC Inspection programme will continue with due vigilance.

16. Transport Any questions?

17. Transport Christian Dupont Deputy Head of Unit Maritime Security European Commission DG MOVE A4 Thank you for your attention!