Setting and Responding to Security Levels
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Statutory Documents - IMO Publications and Documents - Circulars - Maritime Safety Committee - MSC/Circular.1132 – Guidance Relating to the Implementation of SOLAS Chapter XI-2 and the ISPS Code – (14 December 2004) - Annex - Guidance Relating to the Implementation of SOLAS Chapter XI-2 and the ISPS Code - Setting and Responding to Security Levels

Setting and Responding to Security Levels

  1 Security levels can only be set by a SOLAS Contracting Government (Contracting Government).

  2 Under SOLAS regulation XI-2/3, on Obligations of Contracting Governments with respect to security, Contracting Governments, in their capacity as Administrations, set the security levels applying to their ships (SOLAS regulation XI-2/3.1) and Contracting Governments set security levels applying to port facilities within their territory and to ships prior to entering a port or whilst in a port within their territory (SOLAS regulation XI-2/3.2).

  3 Administrations have to ensure that security-level information is provided to ships entitled to fly their flag and Contracting Governments have to ensure that security-level information is provided to port facilities located within their territory and to ships prior to entering a port and when in a port within their territory. Security-level information has to be updated as circumstances dictate.

  4 Under SOLAS regulation XI-2/7, on Threats to ships, Contracting Governments set the security levels applying to their territorial sea and have to ensure the provision of security-level information to ships operating in their territorial sea or having communicated their intention to enter their territorial sea. It is for the ship to determine what action it takes having received security-level information applying to all, or part, of a State's territorial sea.

  5 The same security level can apply to all an Administration's ships or different security level can apply to a particular ship or a group of ships as determined by the Administration.

  6 A Contracting Government can set the same security level to apply to all its ports and port facilities or apply different security levels to a specific port or port facility, to a group of ports or port facilities or to part of a port or a port facility. Similarly a Contracting Government can set the same security level to apply to all of its territorial sea or different security levels to apply to different parts of its territorial sea.

  7 Under SOLAS regulation XI-2/4.3 a ship prior to entering a port or when in a port within the territory of a Contracting Government shall comply with the requirements for the security level set by that Contracting Government if the security level is higher than that set by the ship's Administration. Under section A/7.6 of the ISPS Code, prior to entering a port or whilst in a port within the territory of a Contracting Government, ships shall confirm to the port facility security officer (PFSO) the initiation of the implementation of the appropriate measures and procedures as detailed in the ship security plan, and shall report any difficulties in implementation. A ship can never have a security level lower than that applying to the port or port facility the ship is entering or is in (paragraph B/4.12 of the ISPS Code).

  8 SOLAS regulation XI-2/4.5 also requires ships to report to the appropriate competent authority if they cannot comply with the security level set by their Administration or by a Contracting Government and applicable to that ship. MSC/Circ.1097 on Guidance relating to the implementation of SOLAS chapter XI-2 and the ISPS Code provides further guidance on this requirement.

  9 If a ship entering a port or within a port, is operating at a security level set by its Administration which is higher than that set by the port's Contracting Government, arrangements have to be agreed with the PFSO to allow the ship to continue to operate at the security level set by its Administration. A Contracting Government or PFSO cannot require a ship to reduce that ship's security level.

  10 Notwithstanding the set security level applying to a ship, to a port or a port facility or to a territorial sea, if a threat emerges or an incident occurs the ship or port facility will have to respond to the security threat or incident as it develops, in accordance with the ship or the port facility security plan, without waiting for the Administration or Contracting Government to set a higher security level. The initiation of an appropriate response to an emerging threat or actual incident cannot, and should not, await change of the security level by the Administration or Contracting Government. The ship or port facility should report the threat or incident, and the action taken, to the Administration and/or Contracting Government at the earliest practicable opportunity.

Parent topic: Annex - Guidance Relating to the Implementation of SOLAS Chapter XI-2 and the ISPS Code
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