1 The December 2002 SOLAS Contracting Governments
Conference on Maritime Security adopted a new SOLAS
chapter XI-2 on Special measures to enhance maritime security;
and the International Ship and Port Facility Security (ISPS) Code.
Both of these documents are expected to enter into force on 1 July
2004. It would therefore be prudent (given the high number of ships
and ports which will have to implement the decisions of the Conference)
that all parties concerned start putting in place, methodically, systematically
and as soon as possible, all the necessary infrastructure (including
legislative, administrative and operational) needed to give effect
to all the decisions of the Conference. It is important that parties
do not await the entry-into-force date before consideration of these
important issues so as to avoid the need to have to take hasty action
at the last minute and also to avoid the need for control action against
ships found not in compliance with the applicable requirements of
SOLAS and the ISPS Code.
2 In this respect, the particular attention of
SOLAS Contracting Governments is invited to the new SOLAS regulation XI-2/9 on “Control and
compliance measures” and the serious repercussions ships might
face after 1 July 2004 if they are found not to be in compliance with
the requirements of that regulation and Section A/9.8.1 of the ISPS Code (for which guidance can be found in Sections
B/1.14, 1.21, 4.29 to 4.35 and 4.36 to 4.46 of the Code). The repercussions
to ports should also be assessed and appropriate action taken accordingly.
3 It should be noted that operative paragraph
1 of Conference resolution 6 (Early implementation of the special
measures to enhance maritime security) draws the attention of Contracting
Governments to SOLAS and the industry to the fact that neither chapter XI-2 of the Convention nor the
Code provide for any extension of the implementation dates for the
introduction of the special measures to enhance maritime security
adopted by the Conference.
4 The attention of Member Governments is also
invited to Conference Resolution 5 (Promotion of technical co-operation
and assistance), operative paragraph 1 of which strongly urges SOLAS
Contracting Governments and Member Governments to provide, in co-operation
with the Organization, assistance to States having difficulty in implementing
the decisions of the Conference. SOLAS Contracting Governments and
Member Governments needing such assistance are encouraged to use the
Organization's Integrated Technical Co-operation Programme.
5 In the meantime, Member Governments are invited
to consider advising companies and ships operating under the flag
of their State, to take steps, dependent on the degree of perceived
risk in their ships areas of operation, to increase awareness of potential
dangers. This is considered very important so that the crews of the
ships' concerned may be extremely vigilant and alert to any security
threat they may encounter or be suspicious of, whether they are in
port, at offshore terminals or underway.
6 This circular is issued following consultations
between the Secretary-General and the Chairman of the Maritime Safety
Committee.