The Maritime Safety Committee decided that:
1 For the purpose of this Scheme:
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.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 guidance given in part B of the
ISPS Code;
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.3 “Special purpose ship” means a
special purpose ship as defined in the SPS Code, 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; and
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.4 “SPS Code” means the Code of Safety
for Special Purpose Ships which is annexed to resolution A.534(13) as amendedfootnote.
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 Special purpose ships, other than those owned
or operated by a SOLAS Contracting Government
(Contracting Government) and used only on Government non-commercial
service and Companies operating such ships which have not been required
to comply with the Requirements shall comply with the Requirements
by not later than 1 July 2008.
4 Until 30 June 2008, special purpose 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 2006. 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 special purpose ship shall use the Declaration
of Securityfootnote to record the security
measures that it has taken and shall complete and sign, on behalf
of the ship alone, the Declaration of Security. If the special purpose
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 special
purpose 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
special purpose 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 special purpose ships shall comply with the Requirements
not later than 1 July 2008.
7 Special purpose 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 special
purpose 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
special purpose 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 special purpose 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.