ISPS Circular : NT/ISPS/04/2004
Dated April19, 2004
Sub: Guidelines on application of security provisions under SOLAS and the ISPS Code to Trans-Shippers and Port Service Vessels
2. However, recognizing the need to address and establish appropriate measures to enhance the security of ships and of port facilities other than those covered by Chapter XI-2 of the Convention; the SOLAS Conference adopted, on 12 December 2002, Conference Resolution 7, encourages Contracting Governments to adopt effective alternate means to enhance and positively contribute towards ensuring maritime security.
3. This resolution invites and/or encourages Contracting Governments to :
¨ Establish, as considered necessary, appropriate measures to enhance the security of ships and of port facilities other than those covered by chapter XI-2 of the Convention; and
¨ Establish and disseminate information to facilitate, the interactions of ships and of port facilities to which chapter XI-2 of the Convention applies with ships, which are not covered by Chapter XI-2 of the Convention.
4. Operating at some of the Indian Ports, there are vessels – such as Trans-shippers and lighters or barges etc. - which are not covered by Chapter XI-2 of the Convention. In view of the operations involved, it is considered necessary that the vessels concerned need to have appropriate security measures in place to enhance and positively contribute towards ensuring maritime security.
5. The following guidelines are mainly for trans-shippers and similar vessels operating within the port limits or near the port limits. These can and should be applied appropriately in case of other ships (not covered by Chapter XI-2 of the convention whose operations involve a ship-to-ship activity with a ship, directly or indirectly, covered by Chapter XI-2 of the Convention.
The provisions given in ISPS
code should be applied as relevant whilst establishing the security
measures on a trans-shipper. The concessions and /or the equivalent
arrangements acceptable as given in these guidelines are only applicable
for the vessel’s operations restricted within the waters of the port
facility or facilities where the trans-shipper is engaged in the
7. The trans-shipper should be subject to a Ship Security Assessment in accordance with the relevant requirements of ISPS Code Part A, taking into consideration the guidelines in Part B. A Ship Security Plan should be developed based on the findings of the Ship Security Assessment. The SSA shall be carried out by the Company responsible for the operations of the trans-shipper and the Company may use services of any person/s or organization/s for this purpose. In all cases, the Company Security Officer (CSO) is to ensure that those involved in carrying out the assessment have the appropriate skills to evaluate the security of a ship.
8. The SSA shall include an on-scene survey and cover the elements detailed in ISPS Code Section A/8.4. However, the threats taken into consideration should be relevant and specific to the trans-shipper’s operational limitations and details. The threats considered shall include those involved in the trans-shipper’s interaction with port facilities and/or ship/s not covered by Chapter XI-2 of the Convention, prior to or during the trans-shipper’s ship-to-ship activity with a ship covered by Chapter XI-2 of the convention (in particular, the threats to which the ship covered by Chapter XI-2 of the Convention would be exposed to).
9. The SSP shall address all the elements detailed in ISPS Code Section A/9.4 to the extent that should be applicable to a ship not covered by Chapter XI-2 of the Convention carrying out, within the waters under the authority of the port facility concerned, ship-to-ship activity with another ship covered by Chapter XI-2 of the Convention.
10. The requirements of the following SOLAS regulations need not be applicable to a trans-shipper :
- Regulation V/19 regarding installation of AIS; and
- Regulation XI-2/6 regarding installation of Ship Security Alert System.
11. The Ship Security Plan prepared in accordance with these guidelines, together with the corresponding Ship Security Assessment, shall be submitted in printed form (two copies) and one copy in electronic format (CD) for approval of the Nautical Advisor to the Govt. of India.
12. For preparation of Ship Security Plan, the broad 'generic guidelines' given in MS Notice 12 of 2003 should be used.
13. Any port facility utilizing the services of a trans-shipper in whatsoever manner or permitting a trans-shipper to operate within its waters shall ensure that the trans-shipper has an approved SSP in place.
14. The verifications of compliance of the port facility as may be decided upon by the Directorate General of Shipping (Designated Authority) shall cover the procedures adopted by the port facility to ensure that all operations carried out within its waters by the trans-hipper concerned are in accordance with the approved arrangements.
15. The trans-shippers themselves shall be subject to initial and subsequent verifications of compliance by the Directorate General of Shipping. Normally, the subsequent verifications would include an intermediate verification (at intervals of 30 months and not exceeding 36 months from the date of the initial or renewal verification) and a renewal verification every five years.
16. The trans-shipper shall be issued with a “Document of Verification” by the Directorate General of Shipping. However, such vessels may be inspected by the port authorities for ensuring that the vessel is in compliance with the approved Ship Security Plan. The port authority has the liberty to exercise additional security measures in the interest of overall security of the port facility.
17. The port service crafts such as the tugs, barges or other auxiliary crafts owned and operated by the port facility shall be subjected to necessary verification by the port authority to ensure that the same are meeting the basic principles of the ISPS Code. The port authorities may issue necessary documentation as deemed fit to clarity the status of such port service crafts with respect to meeting the basic principles of the code.
18. The port service crafts mentioned in para 17 shall be restricted to operate within the port limits under the direct control of port authorities. If required be , port authorities may issue necessary documentation clarifying the fact that the stated craft is meeting the basic principles of ISPS Code.
19. The port authority utilizing service crafts and having trans-shippers in their port limit will be responsible for exercising necessary control measures to ensure that such crafts and trans-shippers meet the basic principles of ISPS Code.
20. It may be clearly understood that overall responsibility for ensuring security measures on transhippers and other port service crafts plying within port facility limits would rest with Port Facility Authorities.
Above guidelines are to be implemented with immediate effect, for the purpose of compliance of the provisions under the ISPS Code.
This is issued with the approval of Nautical Adviser to the Govt. of