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Regulation 6
Requirements for Port Facilities
1. |
Port Facilities shall comply with the relevant requirements of Part A of the SPFS Code as specified in the SPFS Code taking into account the guidance given in Part B of the SPFS Code. |
2. |
Contracting Governments with port facility (ies) [under their jurisdiction or] within their territory, to which this regulation applies, shall ensure that; |
.1 port facility security assessments are carried out in accordance with the provisions of Part A of the SPFS Code; and
.2 port facility security plans are developed, implemented and reviewed in accordance with the provisions of Part A of the SPFS Code.
3. |
Contracting Governments shall set security levels and ensure the provision of security level information to port facilities [under their jurisdiction or] within their territory and to ships prior to entering a port [under their jurisdiction or] within their territory [or, when considered necessary, to ships in passage through their territorial sea]. When changes in security levels occur the security level information provided to ships shall be updated as the circumstance dictates. |
4. |
Contracting Governments shall designate and communicate the measures required to be addressed in a port facility security plan for the various security levels, including when the submission of a Declaration of Security will be required. |
[5. |
Contracting Governments shall consider the extent of application of the present regulation and of the relevant sections of Part A of the SPFS Code to those port facilities which, although they have been designed for, are intended and are used primarily by ships not engaged on international voyages, are required, occasionally, to receive ships arriving or departing on an international voyage.] |
Regulation 7
Alternative and Equivalent Arrangements
1. |
Contracting Governments may, through the conclusion of bilateral or multilateral agreements, establish alternative security measures to those specified in this chapter or in Part A of the SPFS Code, if the international voyages are exclusively between port facilities [under their jurisdiction or] within their territory [provided such security measures are at least as effective as those prescribed in this chapter or Part A of the SPFS Code]. Such agreements shall be communicated to the organization in accordance with Article VII. |
2. |
Contracting Governments may allow a particular ship or a group of ships entitled to fly their flag or a port facility or a group of port facilities [under their jurisdiction or] within their territory to implement other security measures equivalent to those prescribed in this chapter or in Part A of the SPFS Code, provided such security measures are at least as effective as those prescribed in this chapter or Part A of the SPFS Code. The Contracting Government, which allows such security measures, shall communicate to the Organization particulars thereof. |
Regulation 8
Provision of Information
1. |
Contracting Governments shall communicate to the organization: |
.1 the names and contact details of their national authority or authorities responsible for ship and port facility security; [and]
[.2 the names and contact details of any recognized security organizations authorised to act on their behalf together with details of the specific responsibility and conditions of authority delegated to such organizations;] and
thereafter update such information as and when changes relating thereto occur [or are implemented].
2. |
Contracting Governments shall, within one year from the date of adoption of the SPFS Code, communicate to the organization a list showing the approved Port Facility Security Plans for the port facilities located [under their jurisdiction or] within their territory together with the location or locations covered by each approved Port Facility Security Plan and the corresponding date of approval and thereafter shall update the list when: |
.1 changes in the location or locations covered by an approved Port Facility Security Plan are to be introduced or have been introduced. In such cases the information to be communicated shall indicate the changes in the location or locations covered by the plan and the date as of which such changes are to be introduced or [became effective][were implemented];
.2 an approved Port Facility Security Plan, previously included in the list submitted to the organization, is to be withdrawn or has been withdrawn. In such cases the information to be communicated shall indicated the date on which the withdrawal will take effect or [has become effective] [was implemented]. In these cases the communication shall be made to the organization as soon as is practically possible; and
.3 additions are to be made to the list of approved Port Facility Security Plans. In such cases the information to be communicated shall indicate the location or locations covered by the plan and the date of approval.
3 |
The organization shall make available the information communicated under paragraphs 1 and 2 to other Contracting Governments [upon request]. |
4 |
Contracting Government shall also make available for the information of [Administrations,] Companies and ships: |
.1 the names and contact details of their national authority or authorities responsible for ship and port facility security; and
.2 the locations [under their jurisdiction or] within their territory covered by the approved Port Facility Security Plans.
Such information shall be updated [as and] when changes relating thereto occur [or are implemented].
Regulation 9
Control
[[ 1. |
Notwithstanding any provision contained in regulation I/19, for the purpose of security, every ship to which this chapter applies is subject to control and may be inspected, consistent with international law, by officers duly authorized by a Contracting Government for the purpose of determining compliance with this chapter. Unless there are clear grounds for believing that a violation of this chapter has occurred, any such inspection shall be limited to verifying that there is onboard a valid International Ship Security Certificate. |
2. |
A Contracting Government may, to the extent permitted under international law, impose control measures to ensure security, if there are clear grounds to believe that a ship: |
.1 is conducting or intending to conduct a ship/port interface in its territory or under its jurisdiction and the ship is in violation of the requirements of this Chapter, or
.2 is conducting, or has conducted, a ship/port interface at a port facility under the jurisdiction of or in the territory of any Contracting Government, and that port facility was in violation of the requirements of this Chapter at the time of the ship/port interface; or
.3 is conducting, or has conducted, ship-to-ship activities in violation of the requirements of this Chapter.
Such control measures may include, but are not limited to, the ship's delay, detention, restriction of operations, expulsion from port, or denial of entry into port.
3. |
Contracting Governments, duly authorized officers and ships shall co-operate to identify and clarify whether a violation as described in paragraph 2 has occurred. When possible, any violation shall be rectified to the satisfaction of the Contracting Government that is considering exercising the control measures described in paragraph 2, taking into account actions proposed by the ship, if any. |
4. |
In the event that a Contracting Government decides to impose a control measure as described in paragraph 2, the Contracting Government shall, except in eases of emergency, immediately inform in writing: |
.1 the Administration of the State whose flag the ship is entitled to fly;
.2 the company;
.3 the Contracting Government in whose port facility the violation occurred, in cases where control is imposed pursuant to paragraph 2.2; and
.4 any other State whose interests might be directly involved.
5. |
In cases of emergency, when a ship poses an imminent threat to people, property, or the marine environment a Contracting Government may, to the extent permitted by international law, immediately impose measures against that ship as described in paragraph 2 and subsequently take action as described in paragraph 4. ]] |
Regulation 10 11
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 XI-1/3;
.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 charterer(s) 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 charterered)
or another Company assumes the responsibility for the operation of the ship, the
Continuous Synopsis Record shall be left on board.
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7. |
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. |
8. |
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 11
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]."
| 11 |
A number of Contracting Governments suggested that regulations 10 and 11 are to be included in chapter XI- 1 (as regulations XI- 1/5 and IX-1/6, whilst other Contracting Governments indicated that regulations 10 and 11 are to be included in chapter XI-2.As a result a decision is required as to where these regulations are to be included. This document shows both alternatives. |
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