日本財団図書館（電子図書館）　米国テロ事件後の海事セキュリティ対策の動向

"Regulation 5⁶

Continuous Synopsis Record

1.	Every ship to which this chapter applies shall be provided with a Continuous Synopsis Record.

2.	The Continuous Synopsis Record is intended to provide an on board record of the history of the ship with respect to the information recorded therein.

2.1	For ships constructed before [1 July 2004] the Continuous Synopsis Record shall, at least, provide the history of the ship as from [1 July 2004].

3.	The Continuous Synopsis Record shall be issued by the Administration to each ship that is entitled to fly its flag and it shall, at least, contain the following information:

.1 the name of the State whose flag the ship is entitled to fly;

.2 the date on which the ship was registered with that State;

.3 the ship's identification number in accordance with regulation 3;

.4 the name of the ship;

.5 the port at which the ship is registered;

.6 the name of the registered owner(s) and their registered address(es);

.7 the name of the registered bareboat charterered and their registered address(es), if applicable;

.8 the name of the Company its registered address and the address(es) from where it carries out the safety management activities;

.9 the name of all Classification Society(ies) with which the ship is classed;

.10 the name of the Administration or of the Contracting Government or of the recognized organization which has issued the Document of Compliance (or the Interim Document of Compliance) to the Company operating the ship and the name of the body which has carried out the audit on the basis of which the document was issued, if other than that issuing the document;

.11 the name of the Administration or of the Contracting Government or of the recognized organization that has issued the Safety Management Certificate (or the Interim Safety Management Certificate) to the ship and the name of the body which has carried out the audit on the basis of which the certificate was issued, if other than that issuing the document;

.12 the name of the Administration or of the Contracting Government or of the recognized security organization that has issued the International Ship Security Certificate to the ship and the name of the body which has carried out the verification on the basis of which the certificate was issued, if other than that issuing the document; and

.13 the date on which the ship ceased to be registered with that State.

4.	Any changes relating to the entries referred to in paragraphs 3.4 to 3.12 shall be recorded in the Continuous Synopsis Record so as to provide updated and current information together with the history of the changes.

4.1	In case of any changes relating to the entries referred to in paragraph 4 the Administration shall issue [, as soon as is practically possible,] to the ships entitled to fly its flag either a revised and updated versions of the Continuous Synopsis Record or appropriate amendments thereto.

5.	The Continuous Synopsis Record shall be in the official language or languages of the Administration. If the language or languages used is neither English nor French nor Spanish a translation into one of those languages shall be included.

5.1	The Continuous Synopsis Record shall be in the format developed by the organization and shall be maintained in accordance with any guidelines developed by the organization. Any previous entries in the Continuous Synopsis Record shall not be modified, deleted or in any way erased or defaced.

6.	Whenever a ship is transferred to the flag of another State or the ship is sold to another owner (or is taken over by another bareboat charterer) or another Company assumes the responsibility for the operation of the ship, the Continuous Synopsis Record shall be left on board.

When a ship is to be transferred to the flag of another State, the Company shall advise the Administration of the name of the State under whose flag the ship is to be transferred so as to enable the Administration to forward to that State a copy of the Continuous Synopsis Record covering the period during which the ship was under their jurisdiction.

When a ship is transferred to the flag of another State the Government of which is a Contracting Government, the Contracting Government of the State whose flag the ship was flying hitherto shall transmit to the Administration as soon as possible after the transfer takes place a copy of the relevant Continuous Synopsis Record covering the period during which the ship was under their jurisdiction together with any Continuous Synopsis Records previous issued to the ship by other States.

9.	When a ship is transferred to the flag of another State, the Administration shall append the extant Continuous Synopsis Records to the Continuous Synopsis Record the Administration will issue to the ship so to provide the continuous history record intended by this regulation.

10.	The Continuous Synopsis Record shall be kept on board the ship and shall be available for inspection at all times.

Regulation 6⁶

Specific Responsibility of Companies

The Company shall ensure that the master has available on board [,at all times,] updated documented information through which officers duly authorised by a Contracting Government can [determine] [establish]:

.1 who [appointed and] appoints the [crew] [members of the crew or other persons employed or engaged on board the ship in any capacity on the business of that ship];

.2 who [fixes the use] [decided and decides the employment] of the ship; and

.3 [in the cases the vessel is employed under the terms of charter party] who [signed and] [signs] the charter party on behalf of the owner [of the ship] ."]

6.	⁷The following new Chapter XI-2 is inserted after Chapter XI-1:

"Chapter XI-2

SPECIAL MEASURES TO ENHANCE MARITIME SECURITY

Regulation 1

Definitions ⁸

1.	For the purpose of this chapter, unless expressly provided otherwise:

.1 "Bulk carrier" means a bulk carrier as defined in regulation IX/1.6.

.2 "Chemical tanker" means a chemical tanker as defined in regulation VII/8.2.

.3 "Gas carrier" means a gas carrier as defined in regulation VII/11.2.

.4 "High speed craft" means a craft as defined in regulation X/1.2.

.5 "Mobile Offshore Drilling Unit" means a mechanically propelled mobile offshore drilling unit as defined in regulation IX/1 not on location.

.6 "Oil tanker" means an oil tanker as defined in regulation II-1/2.12.

.7 "Company" means the Company as defined in regulation IX/1.

.8 "Designated Authority" means the organization or organizations or the administration or administrations identified by or within the Contracting Government as responsible for ensuring the implementation of this chapter.

[.9 "Port" means the area, through which vessel traffic and maritime commerce flow or people are transported, including areas ashore (extending to intermodal and cargo storage areas) and on the adjacent water (to include anchorages and approaches), as defined by the designated authority.]

.10 "Port Facility" is a location, as determined by the Contracting Government or Designated Authority, where interaction takes place between a ship and a port.

.11 "Ship/port interface" means the interactions that occur when a ship is directly and immediately affected by actions involving the movement of people, goods or the provisions of port services to or from the ship.

.12 "Ship and Port Facility Security (SPFS) Code" means the International Code for the Security of Ships and of Port Facilities adopted by the resolution [2] of the Conference of Contracting Governments to the International Convention for the Safety of Life at Sea, 1974, on the [....] December 2002, as may be amended by the organization, provided that:

.1 amendments to Part A of the Code are adopted, brought into force and take effect in accordance with article VIII of the present Convention concerning the amendment procedures applicable to the annex other than chapter I; and

.2 amendments to Part B of the Code are adopted by the Maritime Safety Committee in accordance with its rules or procedure.

The provisions of Part A of the Code shall be treated as mandatory.

.13 "Security Level" means the description of the degree of risk associated with the threat of an unlawful act⁹ against a ship including a mobile offshore drilling unit, port facility, [or to areas adjacent to them].

.14 "Declaration of Security" means a written record of the understanding(s) reached between Ship Security Officer(s) and Port Facility Security Officer(s) to indicate compliance with the security measures, required by this chapter, for the ship/port interface.

.15 "Recognized security organization" means an organization with expertise in security and anti-terrorism matters recognized by the Administration or the Designated Authority and authorised by it to carry out survey, assessment, verification and certification activities, required by this chapter or the SPFS Code, on its behalf.

2.	For the purpose of this chapter, unless expressly indicated otherwise, the expression "ship", in the following regulations, includes mobile offshore drilling units.

Regulation 2

Application

1. This chapter applies to:

.1 the following types of ships engaged on international voyages:

.1 passenger ships including high-speed passenger craft; and

.2 cargo ships including high speed craft of 500 gross tonnage and upwards; and

.3 mobile offshore drilling units; and

.2 port facilities serving [such]¹⁰10 ships engaged on international voyages.

2.	This chapter does not apply to war ships, naval auxiliaries, or other ships owned or operated by a Contracting Government and used only on Government non-commercial service.

Regulation 3

Requirements for ships

1.	Ships and Companies shall comply with the relevant requirements of this chapter and of Part A of the SPFS Code as specified in the SPFS Code and taking into account the guidance given in Part B of the SPFS Code.

A ship that is not in compliance with the requirements of this chapter or of Part A of the SPFS Code or can not comply with the requirements of the security level set by a Contracting Government, shall notify the Designated Authority prior to conducting any ship/port interface, or prior to entry into port, whichever occurs earlier.

A certificate, called the International Ship Security Certificate, shall be issued to every ship by the Administration, or by the recognized security organization on behalf of the Administration, or at the request of the Administration by another Contracting Government, after verifying that the Company and the ship comply with the requirements of this chapter and of Part A of the SPFS Code.

Regulation 4

Master's discretion for ship security

The master shall not be constrained by the Company, the charterer or any other person from taking any decision which, in the professional judgement of the master, is necessary to maintain the security of the ship. This includes denial of access to persons (except those duly authorized by a Contracting Government) or their effects and refusal to load cargo, including containers or other closed cargo transport units.

Regulation 5

Ship Security Alarm

1.	Ships shall be fitted with a ship security alarm as follows:

.1 ships constructed on or after [1 July 2004];

.2 passenger ships including high-speed passenger craft constructed before [1 July 2004], not later than the first survey of the radio installation after [1 July 2004];

.3 oil tankers, chemical tankers, gas carriers, bulk carriers and cargo high speed craft of 500 gross tonnage and upwards constructed before [1 July 2004], not later than the first survey of the radio installation after [1 July 2004]; and

.4 for other cargo ships of 500 gross tonnage and upward and mobile offshore drilling units constructed before [1 July 2004], not later than the first survey of the radio installation after [1 July 2006].

2.	The ship security alarm, when activated, shall,

.1 [using the radio communication installation fitted on board for compliance with the requirements of chapter IV] automatically initiate and transmit a ship-to-shore security alert [to a competent authority designated by the Administration] identifying the ship, its location and indicating that the security of the ship is under threat or it has been compromised;

.2 not send the ship security alert to any other ships;

.3 not raise an alarm on-board the ship; and

.4 continue to transmit the ship security alert until it has been deactivated and reset [by the authorised [shipboard] personnel]]

3.	An activation point for the ship security alarm shall be fitted on the navigation bridge and in at least one other location.

3.1
The ship security alarm activation points shall be designed so as to prevent the inadvertent [or unauthorised] initiation of the ship security alert.

4.	The ship security alarm shall conform to performance standards not inferior to those adopted by the organization.

⁶

A number of Contracting Governments suggested that regulations 5 and 6 are to be included in chapter XI-1 whilst other Contracting Governments indicated that these regulations are to be included in chapter XI-2 as regulations XI- 2/10 and XI-2/l1. As a result a decision is required as to where these regulations are to be included. This document shows both alternatives.

⁷	This amendment number and the ones which may follow will need to be adjusted as a result of the decision to be made as to where regulations XI-1/5 and XI-1/6 are to be included.

⁸	Further definitions may need to be added, as and when the need arise. Consideration should be given in moving some of the definitions contained in section A/2.l of the SPFS Code to this regulation.

⁹	Consideration should be given to introducing the definition of "security incident" containing in section A/2.1.7 of the SPFS Code in regulation XI.2 as a means to delete any reference to unlawful acts.

¹⁰	In the view of one delegation inclusion of this word i.e. of the word "such" in the final version of the text to be adopted would unduly limit the number of locations to which this chapter will apply.