3.1 The Special measures to enhance maritime security
contained in SOLAS chapter XI-2 and
in the ISPS Code have been developed for the
purpose of enhancing the security in the international maritime transport
sector and should not be used to unnecessary or unjustified delay
or inhibit the access on board of public authorities and emergency
response services.
3.2 The ISPS Code, in order to achieve its objectives,
embodies a number of functional requirements. These include, but are
not limited to preventing unauthorized access to ships, port facilities
and their restricted areas (section A/1.3.3 of
the ISPS Code).
3.3 The fact that a ship security plan (SSP) has
been approved by the Administration or by a recognized security organization
acting on its behalf does not create a right for either the ship or
for those on board to invoke its provisions, and to claim, in any
circumstance and regardless of what is required by the applicable
security level, that they have authority to prevent any public authority
from boarding the ship when that ship is within the territory of another
SOLAS Contracting Government or of another State.
3.4 It should be noted that SOLAS regulation XI-2/8 on Master's discretion
for ship safety and security provides that:
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"The master shall not be constrained by the Company, the
charterer or any other person from taking or executing any decision
which, in the professional judgement of the master, is necessary to
maintain the safety and security of the ship. This includes denial
of access to persons (except those identified as duly authorized by
a Contracting Government) or their effects and refusal to load cargo,
including containers or other closed cargo transport units."
3.5 Delaying unnecessarily the arrival of the
pilot on the bridge, especially when the ship is underway, is detrimental
to the safety of navigation and may lead to situations where the safety
of the ship and of other ships or of people in the vicinity may be
jeopardized.
3.6 Inhibiting the access of public authorities
on board may be construed as obstructing them from executing their
duties or obstructing judicial or other statutory proceedings or the
administration of justice, when public authorities are lawfully seeking
to board a ship. In such a case, the public authority should inform
the master of the ship of the laws, regulations, decrees or orders
which gives the public authority the legal right to access the ship
in accordance with international or national law. In accordance with
the paragraphs 4.4 and 9.1.5 the public authority should present an
identity document when seeking to board a ship and the ship may seek
to verify its authenticity.