1 The Maritime Safety Committee (the Committee),
at its eighty-first session (10 to 19 May 2006), noted that in a number
of cases the available information suggested that not all SOLAS Contracting
Governments had implemented, complied with, or enforced all the provisions
of SOLAS chapter XI-2 and of the ISPS Code.
2 The Committee was also informed that in a number
of cases the available information suggested that:
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.1 some port facilities appeared to fail to comply
with their obligations under SOLAS chapter
XI-2 and the ISPS Code and in some
instances ships had no alternative but to implement their own additional
protective security measures;
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.2 despite the provisions of the ISPS
Code and the promulgation of MSC/Circ.
1112 on Shore leave and access to ships under the ISPS Code, seafarers continued to encounter difficulties with
certain SOLAS Contracting Governments in relation to shore leave and
access to ships;
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.3 despite the provisions of the ISPS
Code and the promulgation of MSC/Circ.
1156 on Guidance on the access of public authorities, emergency
response services and pilots onboard ships, Government officials continued
to ignore the security measures on board ships and conduct themselves
in a manner which was not conducive to the aim and objectives of SOLAS chapter XI-2 and the ISPS
Code;
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.4 despite the promulgation of MSC/Circ.1133 on Reminder of the obligation
to notify flag States when exercising control and compliance measuresfootnote a number of SOLAS Contracting Governments
continue to fail to notify the Administrations concerned and the Organization,
when taking control measures or steps against ships pursuant to the
provisions of SOLAS regulation XI-2/9 on
Control and compliance measures; and
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.5 the information posted by SOLAS Contracting
Governments on the Maritime Security module of the IMO Global Integrated
Shipping Information System, which contains the information communicated
to the Organization pursuant to the provisions of SOLAS regulation XI-2/13 on Communication
of information, are incomplete, outdated or in some cases inaccurate.
3 The Committee agreed that the enhancement of
security throughout the international maritime transport sector was
a collective effort and required the active and diligent participation
of all SOLAS Contracting Governments and of all parties concerned.
4 Companies are invited to make available on board
the ships they operate copies of the present circular and to make
them Government officials and to port facility security officers for
their information.
5 The Committee reiterated and stressed the need
for a rigorous and effective implementation of, compliance with, and
enforcement of, the provisions of SOLAS chapter
XI-2 and of the ISPS Code by all SOLAS
Contracting Governments and all parties concerned.
6 In an effort to assist SOLAS Contracting Governments
to improve the current level of implementation of SOLAS chapter XI-2 and the ISPS
Code and to enhance the effectiveness of the security measures
in place, the Committee approved the Guidance on basic elements of
national oversight programmes for SOLAS chapter
XI-2 and the ISPS Code (the Guidance)
set out at annex.
7 SOLAS Contracting Governments seeking assistance
for making tangible improvements to the way in which they implement,
comply with, and enforce the provisions of SOLAS chapter XI-2 and the ISPS
Code should consider approaching the Organization.
8 SOLAS Contracting Governments, international
organizations and non-governmental organizations with consultative
status which encounter difficulties or identify apparent inadequacies
in the implementation of, compliance with, and enforcement of the
provisions of SOLAS chapter XI-2 and
the ISPS Code should bring, at the earliest
opportunity, relevant details to the attention of the Committee for
consideration of action to be taken.