1 The Diplomatic Conference on Maritime Security
held in London in December 2002 adopted new provisions in the International Convention for the Safety of Life at Sea,
1974 and this Codefootnote to enhance maritime
security. These new requirements form the international framework
through which ships and port facilities can co-operate to detect and
deter acts which threaten security in the maritime transport sector.
2 Following the tragic events of 11th September
2001, the twenty-second session of the Assembly of the International
Maritime Organization (the Organization), in November 2001, unanimously
agreed to the development of new measures relating to the security
of ships and of port facilities for adoption by a Conference of Contracting
Governments to the International Convention for the Safety of Life
at Sea, 1974 (known as the Diplomatic Conference on Maritime Security)
in December 2002. Preparation for the Diplomatic Conference was entrusted
to the Organization's Maritime Safety Committee (MSC) on the basis
of submissions made by Member States, intergovernmental organizations
and non-governmental organizations in consultative status with the
Organization.
3 The MSC, at its first extraordinary session,
held also in November 2001, in order to accelerate the development
and the adoption of the appropriate security measures established
an MSC Intersessional Working Group on Maritime Security. The first
meeting of the MSC Intersessional Working Group on Maritime Security
was held in February 2002 and the outcome of its discussions was reported
to, and considered by, the seventy-fifth session of the MSC in March
2002, when an ad hoc Working Group was established to
further develop the proposals made.The seventy-fifth session of the
MSC considered the report of that Working Group and recommended that
work should be taken forward through a further MSC Intersessional
Working Group, which was held in September 2002. The seventy-sixth
session of the MSC considered the outcome of the September 2002 session
of the MSC Intersessional Working Group and the further work undertaken
by the MSC Working Group held in conjunction with the Committee's
seventy-sixth session in December 2002, immediately prior to the Diplomatic
Conference and agreed the final version of the proposed texts to be
considered by the Diplomatic Conference.
4 The Diplomatic Conference (9 to 13 December
2002) also adopted amendments to the existing provisions of the International Convention for the Safety of Life at Sea,
1974 (SOLAS 74) accelerating the implementation of the requirement
to fit Automatic Identification Systems and adopted new Regulations
in Chapter XI-1 of SOLAS 74 covering
marking of the Ship's Identification Number and the carriage of a
Continuous Synopsis Record. The Diplomatic Conference also adopted
a number of Conference Resolutions including those covering implementation
and revision of this Code, Technical Co-operation, and co-operative
work with the International Labour Organization and World Customs
Organization. It was recognized that review and amendment of certain
of the new provisions regarding maritime security may be required
on completion of the work of these two Organizations.
5 The provision of Chapter
XI-2 of SOLAS 74 and this Code apply to ships and to port facilities.The
extension of SOLAS 74 to cover port facilities was agreed on the basis
that SOLAS 74 offered the speediest means of ensuring the necessary
security measures entered into force and given effect quickly. However,
it was further agreed that the provisions relating to port facilities
should relate solely to the ship/port interface. The wider issue of
the security of port areas will be the subject of further joint work
between the International Maritime Organization and the International
Labour Organization.It was also agreed that the provisions should
not extend to the actual response to attacks or to any necessary clear-up
activities after such an attack.
7 The provisions represent a significant change
in the approach of the international maritime industries to the issue
of security in the maritime transport sector. It is recognized that
they may place a significant additional burden on certain Contracting
Governments.The importance of technical co-operation to assist Contracting
Governments implement the provisions is fully recognized.
8 Implementation of the provisions will require
continuing effective co-operation and understanding between all those
involved with, or using, ships and port facilities, including ship's
personnel, port personnel, passengers, cargo interests, ship and port
management and those in National and Local Authorities with security
responsibilities. Existing practices and procedures will have to be
reviewed and changed if they do not provide an adequate level of security.
In the interests of enhanced maritime security additional responsibilities
will have to be carried by the shipping and port industries and by
National and Local Authorities.
9 The guidance given in part
B of this Code should be taken into account when implementing
the security provisions set out in Chapter
XI-2 of SOLAS 74 and in part A of
this Code. However, it is recognized that the extent to which the
guidance applies may vary depending on the nature of the port facility
and of the ship, its trade and/or cargo.
10 Nothing in this Code shall be interpreted or
applied in a manner inconsistent with the proper respect of fundamental
rights and freedoms as set out in international instruments, particularly
those relating to maritime workers and refugees including the International
Labour Organization Declaration of Fundamental Principles and Rights
at Work as well as international standards concerning maritime and
port workers.
11 Recognizing that the Convention on the Facilitation
of Maritime Traffic, 1965, as amended, provides that foreign crew
members shall be allowed ashore by the public authorities while the
ship on which they arrive is in port, provided that the formalities
on arrival of the ship have been fulfilled and the public authorities
have no reason to refuse permission to come ashore for reasons of
public health, public safety or public order, Contracting Governments
when approving ship and port facility security plans should pay due
cognisance to the fact that ship's personnel live and work on the
vessel and need shore leave and access to shore– based seafarer
welfare facilities, including medical care.