Regulation (EC) No 725/2004 of the European Parliament and of the CouncilDangos y teitl llawn

Article 3 U.K. [F1 Scope]

[F2 1. In respect of international shipping, the special maritime security measures and Part A of the ISPS Code are to have the force of law in the United Kingdom.]

[F3 2.

(1) In respect of domestic shipping, the special maritime security measures and Part A of the ISPS Code are to have effect in relation to—

(a) Class A passenger ships,

(b) their companies, and

(c) the port facilities serving them,

as they have effect (in accordance with paragraph 1 and Article 10(1) and (5)) in relation to the corresponding international shipping matters.

(2) In subparagraph (1) ‘the corresponding international shipping matters’ means—

(a) the ships mentioned in paragraph 1.1 of regulation 2 of the special maritime security measures,

(b) their companies, and

(c) the port facilities mentioned in paragraph 1.2 of that regulation.]

[F4 3.

(1) In respect of domestic shipping, the special maritime security measures and Part A of the ISPS Code are to have effect in relation to—

(a) Class B passenger ships which are certified to carry more than 250 passengers,

(b) tankers operating domestic services, and

(c) the companies of ships within point (a) or (b),

as they have effect (in accordance with paragraph 1 and Article 10(1) and (5)) in relation to the ships mentioned in paragraph 1.1 of regulation 2 of the special maritime security measures and their companies.

(2) But in the application of the special maritime security measures and Part A of the ISPS Code by virtue of subparagraph (1)—

(a) regulation 6 of the special maritime security measures (ship security alert system) does not have effect in relation to the ships and companies mentioned in subparagraph (1)(a) to (c);

(b) nothing in those measures and that Part requires a declaration of security to be completed or signed on behalf of the ships mentioned in subparagraph (1)(a) and (b),

and the special maritime security measures and Parts A and B of the ISPS Code are to be read with any modifications that are appropriate in accordance with points (a) and (b) of this subparagraph.

(3) In this paragraph ‘tanker’ means a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of a flammable nature.]

[F5 3A.

(1) In this Article ‘Class A passenger ship’ and ‘Class B passenger ship’ mean, respectively, a Class A passenger ship and a Class B passenger ship within the meaning of Article 4 of Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships (as that Directive had effect as last amended by Commission Directive 2010/36/EU).

(2) For the purposes of subparagraph (1), Article 4 of that Directive is to be interpreted as requiring the Secretary of State to—

(a) establish, and update when necessary, a list of sea areas under United Kingdom jurisdiction delimiting the zones for all year round operation and, where appropriate, restricted periodical operation of the classes of ships, using the criteria set out in paragraph 1 of that Article, and

(b) publish that list in its updated version in a Merchant Shipping Notice and in a public database available on the internet site of the Maritime and Coastguard Agency.

(3) If, immediately before IP completion day, Merchant Shipping Notice 1747(M) (which contains a list of sea areas established by the Secretary of State for the purposes of Article 4(2) of Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships) is in force, that list is to have effect on and after IP completion day as if it had been established under subparagraph (2) (and may be updated accordingly).]

[F6 4. In exercising any functions under, or in connection with the implementation of, the special maritime security measures or Part A of the ISPS Code (as they have effect in accordance with paragraphs 1 to 3) the Secretary of State must take fully into account the guidelines contained in Part B of the ISPS Code.]

5. [F7 The following paragraphs of Part B of the ISPS Code must be complied with] as if they were mandatory:

• 1.12 (revision of ship security plans),

• 1.16 (port facility security assessment),

• 4.1 (protection of the confidentiality of security plans and assessments),

• 4.4 (recognised security organisations),

• 4.5 (minimum competencies of recognised security organisations),

• 4.8 (setting the security level),

• 4.14, 4.15, 4.16 (contact points and information on port facility security plans),

• 4.18 (identification documents),

• 4.24 (ships' application of the security measures recommended by the State in whose territorial waters they are sailing),

• 4.28 (manning level),

• 4.41 (communication of information when entry into port is denied or the ship is expelled from port),

• 4.45 (ships from a State which is not party to the Convention),

• 6.1 (company's obligation to provide the master with information on the ship's operators),

• 8.3 to 8.10 (minimum standards for the ship security assessment),

• 9.2 (minimum standards for the ship security plan),

• 9.4 (independence of recognised security organisations),

• 13.6 and 13.7 (frequency of security drills and exercises for ships' crews and for company and ship security officers),

• 15.3 to 15.4 (minimum standards for the port facility security assessment),

• 16.3 and 16.8 (minimum standards for the port facility security plan),

• 18.5 and 18.6 (frequency of security drills and exercises in port facilities and for port facility security officers).

6. Notwithstanding the provisions of paragraph 15.4 of Part A of the ISPS Code, the periodic review of the port facility security assessments provided for in paragraph 1.16 of Part B of the ISPS Code shall be carried out at the latest five years after the assessments were carried out or last reviewed.

7. This Regulation shall not apply to ships of war and troopships, cargo ships of less than 500 gross tonnage, ships not propelled by mechanical means, wooden ships of primitive build, fishing vessels or vessels not engaged in commercial activities.

8. Notwithstanding the provisions of paragraphs 2 and 3, [F8 the Secretary of State] shall ensure, when ship security plans and port facility security plans are approved, that such plans contain appropriate provisions to ensure that the security of ships to which this Regulation applies is not compromised by any ship or port interface or ship-to-ship activity with any ships not subject to this Regulation.

[F9 9. In this Article ‘company’ means a Company as defined in Regulation IX-1 of the SOLAS Convention.]

Textual Amendments

F1 Art. 3 heading substituted (31.12.2020) by The Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/308), regs. 1(2), 4(2); 2020 c. 1, Sch. 5 para. 1(1)

F2 Art. 3(1) substituted (31.12.2020) by The Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/308), regs. 1(2), 4(3); 2020 c. 1, Sch. 5 para. 1(1)

F3 Art. 3(2) substituted (31.12.2020) by The Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/308), regs. 1(2), 4(4); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 3(3) substituted (31.12.2020) by The Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/308), regs. 1(2), 4(5); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 3(3A) inserted (31.12.2020) by The Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/308), regs. 1(2), 4(6) (as amended by S.I. 2020/1000, regs. 1, 6); 2020 c. 1, Sch. 5 para. 1(1)

F6 Art. 3(4) substituted (31.12.2020) by The Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/308), regs. 1(2), 4(7); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 3(5) substituted (31.12.2020) by The Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/308), regs. 1(2), 4(8); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 3(8) substituted (31.12.2020) by The Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/308), regs. 1(2), 4(9); 2020 c. 1, Sch. 5 para. 1(1)

F9 Art. 3(9) inserted (31.12.2020) by The Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/308), regs. 1(2), 4(10); 2020 c. 1, Sch. 5 para. 1(1)