1 The Maritime Safety Committee (the Committee),
at its seventy-ninth session (1 to 10 December 2004), recognizing
the need for additional information to assist SOLAS Contracting Governments
and the industry with the implementation of, and compliance with SOLAS chapter XI-2 and the ISPS Code, developed
the Guidance relating to the implementation of SOLAS chapter XI-2 and of the ISPS Code, as set
out at annex.
2 The Guidance addresses a series of issues which
have arisen, following the entry into force on 1 July 2004 of the
special measures to enhance maritime security, as a result of the
implementation or interpretation of the provisions of SOLAS chapter XI-2 and the ISPS Code.
3 SOLAS Contracting Governments and all those
who may be involved with the implementation or interpretation of the
provisions of the special measures to enhance maritime security are
reminded that paragraph B/1.5 of
the ISPS Code states that the reader of the ISPS Code is advised that:
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"nothing in part B of this Code should be read or
interpreted in conflict with any of the provisions of either SOLAS chapter XI-2 or part
A of this Code and that the aforesaid provisions always prevail
and override any unintended inconsistency which may have been inadvertently
expressed in part B of this Code.
The guidance provided in part B of
this Code should always be read, interpreted and applied in a manner
which is consistent with the aims, objectives and principles established
in chapter XI-2 and part A of this Code."
4
SOLAS Contracting Governments,
international organizations and non-governmental organizations with
consultative status are invited to bring the attached Guidance to
the attention of Designated Authorities, Administrations and all parties
concerned and responsible for the implementation of special measures
to enhance maritime security.