18 The Committee recalled that MSC 77 decided
that neither of the two types of floating production, storage and
offloading units (FPSOs) and floating storage units (FSUs), were ships
subject to the provisions of SOLAS chapter
XI-2 and of part A of the ISPS
Code, but, however, they should have some security procedures in place
to prevent “contamination” of ships and port facilities
which are required to comply with the provisions of chapter XI-2 and of part
A of the ISPS Code. This decision is reflected in paragraph
3 of MSC/Circ.1097 on Guidance relating
to the implementation of SOLAS chapter XI-2 and
the ISPS Code.
19
MSC/Circ.1097 offers
no advice as to the specific security measures or procedures that
should be taken by a ship which is required to comply the provisions
of SOLAS chapter XI-2 and of part A of the ISPS Code (SOLAS ship) when
such a ship is engaged in ship-to-ship activities with either an FPSO
or an FSU. If a SOLAS ship interfaces with an FPSO or an FSU it is
deemed to be equivalent to interfacing with a non-SOLAS ship. The
SOLAS ship's Ship Security Plan should contain security measures and
procedures covering such an interface as recommended in paragraph
B/9.51 of the ISPS Code. This could include
the conclusion of a Declaration of Security with the FPSO or FSU indicating
the security measures each ship undertook during the interface.
20 As FPSOs and FSUs operate as part of offshore
oil production facilities, it can be expected that the State on whose
continental shelf or within whose Exclusive Economic Zone the activity
is being undertaken will have developed appropriate security measures
and procedures under its national law to protect its offshore activities.
21 Conference resolution 7, adopted by the 2002
SOLAS Conference, in operative paragraph 1, invites Contracting Governments
to establish, as they may consider necessary, and to disseminate,
as they deem fit, appropriate measures to enhance the security of
ships and of port facilities other than those covered by SOLAS chapter XI-2. This invitation covers both
FPSOs and FSUs and Contracting Governments will be aware of the need
to avoid contamination of SOLAS ships interfacing with such non-SOLAS
ships.