12 Ship construction, conversion and repair yards
(shipyards) are not specifically referred to in chapter XI-2 or the ISPS Code. However,
they may be located adjacent to port facilities and their activities
may have an impact on the security of such port facilities or on the
security of ships using such port facilities. Shipyards may also interface
with ships, which may be required to comply with the ISPS
Code.
13 The designation of shipyards as distinct port
facilities is a matter to be considered by the Contracting Government
(or the Designated Authority) within whose territory the shipyard
is located. The designation may depend on local circumstances and
the result of the Port Facility Security Assessment (PFSA) of the
shipyard itself or of the PFSAs relating to adjacent port facilities.
If a shipyard is designated as a port facility a PFSO shall be appointed
and the Contracting Government (or the Designated Authority) shall
approve the shipyard's PFSP.
14 A ship under construction is not considered
to be a ship, in the context of chapter
XI-2 and of part A of the ISPS
Code, until the relevant statutory certificates have been issued.
This includes the preparation of the ship's Ship Security Assessment
(SSA), the preparation and approval of the SSP, the verification of
the implementation of the ship's security measures and procedures
and the issue of the ship's International Ship Security Certificate
(ISSC), or alternatively the verification of the requirements leading
to the issue of an Interim ISSC.
15 When a ship is under construction, the security
of the ship is the responsibility of the shipyard. Once the ship receives
its ISSC (or Interim ISSC) the ship will have to comply with the provisions
of its [approved] SSP. This may require the CSO and/or the SSO to
discuss security measures and procedures with the shipyard, irrespective
of whether the shipyard has a PFSO or not. This may lead to an agreement
on the respective responsibilities for security measures to protect
the ship which in turn may involve the conclusion of a Declaration
of Security.
16 The position of ships under conversion or repair
will depend on the approach the ship's Administration takes regarding
the suspension or revocation of the certificates of the ship, including
the ISSC, and, in practice, the extent to which the ship's personnel
remains on board and retains the capability to exercise their duties
under the SSP. If the certificates of the ship, including the ISSC,
are suspended or revoked, responsibility for the security of the ship
would in practice rest with the shipyard and may require the conclusion
of an agreement between the owner and the shipyard. If the nature
of the repairs means that all, or part, of the shipboard personnel
remains on board and the certificates of the ship, including the ISSC,
have not been suspended or revoked, the sharing of security responsibilities
between the ship and the shipyard will have to be agreed and this
may involve the conclusion of a Declaration of Security.
17 The approach taken to the security of ships
undertaking sea trials is the responsibility of the State whose flag
the ship is flying at the time of its trials. Some form of security
assessment should be undertaken in respect of the ship and security
measures and procedures put in place for the duration of the trials
to the satisfaction of the relevant State.