The Maritime Safety Committee decided that:
1 For the purpose of this Scheme:
-
.1 "Gross tonnage" means the gross tonnage of
the ship as determined under the provisions of the International
Convention on the Tonnage Measurement of Ships, 1969 and shown
on the International Tonnage Certificate (1969) of the ship;
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.2 "Requirements" means the requirements of SOLAS chapter XI-2 and part
A of the ISPS Code, taking into account the provisions of part B of the ISPS Code; and
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.3 "Cargo ship" means a cargo ship, irrespective
of the date on which the keel of the ship was laid, of 500 gross tonnage
and upwards engaged on international voyage which has not been required
by the Administration to comply with the Requirements on the grounds
of national tonnage rules.
2 Terms not otherwise defined in this Scheme shall
have the same meaning as the meaning attributed to them in SOLAS chapters I and XI-2 or
the ISPS Code.
3 Cargo ships and Companies operating such ships
which have not been required to comply with the Requirements shall
comply with the Requirements not later than 1 July 2008.
4 Until 30 June 2008, cargo ships not complying
with the Requirements whilst within a port facility which is required
to comply with the Requirements shall acknowledge the measures to
enhance maritime security established by the Contracting Government
within whose territory the port facility is located and, irrespective
of the provisions of SOLAS regulation
XI-2/10.3
footnote (relating to the
submission of the Declaration of Security) and sections A/5.1 and A/5.2 of the ISPS Code, shall request a
Declaration of Securityfootnote as from
1 October 2005. Contracting Governments are urged to facilitate such
requests and to issue appropriate guidance on this Scheme to port
facilities located within their territories. If the port facility
security officer refuses the request of the ship for a Declaration
of Security then the ship shall use the Declaration of Security to
record the security measuresfootnote and
shall complete and sign, on behalf of the ship alone, the Declaration
of Security. If the cargo ship does not have a designated ship security
officer, the Declaration of Security shall be concluded by the master.
5 If an Administration has issued to a cargo ship
entitled to fly its flag a statement attesting that the ship is not
required to comply with the Requirements, that statement shall be
withdrawn and cancelled. An Administration may issue to a cargo ship
entitled to fly its flag, which it did not require to comply with
the Requirements, a statement attesting that the ship is subject to
the provisions of this Scheme.
6 Without prejudice to the provisions of SOLAS regulation XI-2/2.2 to XI-2/2.2.1, port
facilities which have not been required by the Contracting Government
within whose territory they are located to comply with the Requirements
because they serve cargo ships as defined above shall comply with
the Requirements not later than 1 July 2008.
7 Cargo ships which, on the date of adoption of
this Scheme, were holding either a valid International or a valid
Interim International Ship Security Certificate shall not be entitled
to any benefits under this Scheme and shall maintain compliance with
the Requirements. In addition, port facilities serving cargo ships
which on the date of adoption of this Scheme were implementing security
measures in accordance with an approved port facility security plan
shall not be entitled to any benefits under this Scheme and shall
maintain compliance with the Requirements.
8 Contracting Governments when exercising control
and compliance measures pursuant to the provisions of SOLAS regulation XI-2/9 in relation to cargo
ships shall adhere to the provisions of this Schemefootnote.
9 Contracting Governments may, when implementing
this Scheme, conclude written bilateral or multilateral agreements
with other Contracting Governments on alternative security agreements
covering cargo ships operating on short international voyages between
port facilities located within their territories. Any such agreement
shall not compromise the level of security of other ships or of port
facilities not covered by the agreement.
10 This Scheme shall cease to apply on 1 July
2008.