International Ship and Port Facility Security Code

The International Ship and Port Facility Security (ISPS) Code is an amendment to the Safety of Life at Sea (SOLAS) Convention (1974/1988) on minimum security arrangements for ships, ports and government agencies. Having come into force in 2004, it prescribes responsibilities to governments, shipping companies, shipboard personnel, and port/facility personnel to " detect security threats and take preventative measures against security incidents affecting ships or port facilities used in international trade."

IMO states that " The International Ship and Port Facility Security Code (ISPS Code) is a comprehensive set of measures to enhance the security of ships and port facilities, developed in response to the perceived threats to ships and port facilities in the wake of the 9/11 attacks in the United States" (IMO).

Development and implementation were sped up drastically in reaction to the September 11, 2001 attacks and the bombing of the French oil tanker Limburg. The U.S. Coast Guard, as the lead agency in the United States delegation to the IMO, advocated for the measure. The Code was agreed at a meeting of the 108 signatories to the SOLAS convention in London in December 2002. The measures agreed under the Code were brought into force on July 1, 2004.

The ISPS Code is implemented through chapter XI-2 Special measures to enhance maritime security in the International Convention for the Safety of Life at Sea (SOLAS).

The Code is a two-part document describing minimum requirements for security of ships and ports. Part A provides mandatory requirements. Part B provides guidance for implementation.

The ISPS Code applies to ships on international voyages (including passenger ships, cargo ships of 500 GRT and upwards, and mobile offshore drilling units) and the port facilities serving such ships.

The main objectives of the ISPS Code are:

- To detect security threats and implement security measures

- To establish roles and responsibilities concerning maritime security for governments, local administrations, ship and port industries at the national and international level

- To collate and promulgate security-related information

- To provide a methodology for security assessments so as to have in place plans and procedures to react to changing security levels

The Code does not specify specific measures that each port and ship must take to ensure the safety of the facility against terrorism because of the many different types and sizes of these facilities. Instead it outlines " a standardized, consistent framework for evaluating risk, enabling governments to offset changes in threat with changes in vulnerability for ships and port facilities."

For ships the framework includes requirements for:

- Ship security plans

- Ship security officers

- Company security officers

- Certain onboard equipment

- For port facilities, the requirements include:

- Port facility security plans

- Port facility security officers

- Certain security equipment

In addition the requirements for ships and for port facilities include:

- Monitoring and controlling access

- Monitoring the activities of people and cargo

- Ensuring security communications are readily available.

II. Answer the following questions

1. What is the ISPS Code?

2. Who has to comply with the ISPS Code?

3. Is there a black list of countries not in compliance with the ISPS code?
Are all IMO Member States obliged to comply with the ISPS Code?

4. What are the different security levels referred to in the ISPS Code?

5. Where can I get a copy of the ISPS Code?

6. What are the other measures adopted in addition to the ISPS Code?

7. What has changed since 1 July 2004?

8. What does implementing the ISPS Code involve?

9. Are the new security measures effective?

10. What would happen to ships if they do not comply with the ISPS Code requirements and if they do not have the Certificate?

11. What would happen to ships, having visited ports where the ISPS Code is not implemented properly, when they intend to enter ports where the ISPS Code is implemented vigorously?

12. How can one find out if a ship or port is compliant?

13. What are major security concerns and potential threats? Are they real or imaginary?

14. What additional/specific security measures and actions would be required at local/regional level to further raise the defence against threats?

15. Will the new security measures imposed after 1 July 2004 help to reduce the piracy and armed robbery incidents?

16. What are the security concerns and potential threats to oil tankers navigating in narrow straits?

17. Who has to implement the ISPS Code?

18. Why isn't the IMO directly responsible for the ISPS code and its implementation?

19. Is the ISPS Code a big hindrance to international trade and shipping?

20. What about the issue of master as a ship security officer?

21. What has IMO done to help developing countries implement the ISPS Code?

22. What led to the development of the ISPS Code?

23. What measures have been adopted in the security communication field?

III. Translate the following sentences into English

1. Требования Кодекса ОСПС формируют международную структуру, посредством которой суда и портовые средства могут взаимодействовать с целью обнаружения и предотвращения актов, угрожающих безопасности в секторе морского транспорта.

2. Кодекс ОСПС состоит из двух частей.

3. Часть А носит обязательный характер, а часть Б - рекомендательный.

4. Часть А устанавливает требования к Декларации об охране; защите судна; оценке уязвимости судна; плану охраны судна; лицу командного состава, ответственному за охрану судна; тренировкам и учениям на судах; безопасности портовых средств; оценке уязвимости портовых средств; плану охраны портовых средств; должностному лицу компании, ответственному за охрану; должностному лицу портового средства, ответственному за охрану; тренировкам и учениям на портовых средствах; освидетельствованию и сертификации; выдаче и подтверждению свидетельств.

5. В части А также устанавливается ответственность Договаривающихся правительств и обязанности судоходной компании.

6. В части Б Кодекса ОСПС приводятся разъяснения и рекомендации по организации и выполнению требований части А и Главы XI-2 МК СОЛАС-74.

UNIT 9

STCW Convention

I. Read and translate the following text

International Convention of Standards of Training, Certification and Watchkeeping for Seafarers, 1978 with Amendments, 1995

The competence of seafarers is a critical factor in the safe and efficient operation of ships. It was for this reason that in 1992 ISF (the International Shipping Federation) submitted a paper to the IMO suggesting that proposals for minor amendments of the 1978 STCW Convention should be expanded to embrace a thorough review and revision. In a short time the existing STCW Convention has since effectively been rewritten.

The changes to the Convention 1978 constitute a comprehensive package of measures designed to improve standards of competence globally.

The package of improvements covers 3 essential areas:

New responsibilities for shipping companies

New uniform standards of competence

New measures to ensure implementation by governments

The revised tonnage thresholds applying to standards in the deck department required for various sizes of ship are as follows:

500 gross tonnage instead of current 200 gross registered tons;

3, 000 gross tonnage instead of the current 1, 600 gross registered tons.

The Convention as amended in 1995 comprises:

17 articles which for legal reasons remain unaltered. An annex of Regulations which contain basic legal requirements, divided into 8 chapters. Two of these chapters are new, the others have been substantially amended.

A new “Seafarers’ Training, Certification and Watchkeeping (STCW) Code”, which also contains 8 chapters.

The Contents of the Chapters are as follows:

Chapter 1. General Provisions of the revised annex to the STCW and the STCW Code.

1.1. Definitions and clarifications. Defines and clarifies key terms used throughout the text.

1.2. Certificates and endorsements. Explains the format and information, including photos, to be incorporated into STCW certificates and flag state endorsements.

1.3. Principles governing near-coastal voyages. Explains conditions pertaining to different STCW standards that might apply to such voyages.

1.4. Control procedures. Outlines circumstances in which port state control inspectors may assess the operational competence of seafarers and in which ships may be detained with regard to non-compliance with STCW.

1.5. National provisions. Specifies circumstances in which flag states should apply penalties to companies and seafarers not in compliance with STCW requirements.

1.6. Training and assessment. Concerns qualifications of trainers and assessors.

1.7. Communication of information. Concerns the requirement for governments to submit to IMO documentary evidence of compliance with the Convention.

1.8. National objectives and quality standards. Stipulates the incorporation, by governments, of quality standards in their training and certification regimes subject to independent evaluation.

1.9. Medical standards and the issue and registration of certificates. Concerns medical fitness, eyesight and minimum age requirements, etc.

1.10. Recognition of certificates. Clarifies flag state responsibilities concerning the competence of foreign seafarers.

1.11. Revalidation of Certificates. Concerns requirements for governments to revalidate STCW certificates and to compare the qualifications of existing certificate holders with those issued certificates under the revised Convention.

1.12. Use of Simulators. Contains extensive mandatory requirements and recommendatory guidance concerning performance standards for simulators.

1.13. Conduct of trials. Concerns procedures for experimentation conducted under the authority of flag states with new practices and technology not covered by the Convention.

1.14. Responsibilities of companies. Contains explicit requirements with which shipping companies must comply.

1.15. Transitional provisions. Concerns provisions of the revised Convention that governments are not required implementing by February 1997.