ISPS Circular : NT/ISPS/SHIP/09/2004

Dated Oct 27, 2004

1.    The provision of SOLAS Chapter XI-2 is applicable to ships engaged on International voyages. 

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, which encourages Contracting Governments to adopt effective alternate security. 

3.    This resolution encourages Contracting Governments to:

       a.  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

       b.  Establish and disseminate information to facilitate the interaction 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 Convection. 

4.    In continuation of Circular No. NT/ISPS/04/04 of 19 April 2004, the current circular prescribes guidelines for implementing ISPS code to enhance security measures affecting ships registered under MS Act as amended, operating in the coastal waters of India and within I.V. limits of Indian coast and off Indian port facilities   

For application of relevant sections of the ISPS Code, the ships are categorized as under and the applicability shall be in accordance with the Annexe-1 

       a. Trading ships of more than 3000 gt engaged in the coastal waters of India;
       b. Ships less than 3000 but more 500 gt engaged in coastal waters of India; and
       c. Ships less than 500 gt operating in I.V. Water limit, harbor/port facility limits, sheltered
           waters and the restricted areas where there is common interface with foreign going ships.  

5.    The following guidelines are mainly for ships of category as classified in accordance with para 4 above. 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.  

6.    The provisions given in ISPS code should be applied pragmatically and as relevant in establishing the security measures on the coastal ships. The concessions and/or the equivalent arrangements acceptable as given in these guidelines are only applicable for the ships operation restricted within the coastal waters of India and the harbor limit and where such ships are operating. If such ships require undertaking international voyages for any reason, application of the ISPS code provisions will be mandatory. 

7.    The coastal ships 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 operation of such ships and the company may use the services of any person/s or organization/s engaged in ship operation and survey activities 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 security of ships. 

8.    The SSA shall be based 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 operational limitations and details. The threats considered shall include those involved in the ships trading pattern, interaction with port facilities and/or ship/s not covered by Chapter XI-2 of the convection prior to or during the” ship-to-ship” interface with a ship or any other structure.  

9.    The SSP shall address all elements detailed in ISPS code section A/9.4 to the extent that should be applicable to the ship. The SSP shall address all the elements as observed in the SSA. For preparation of ship security plan, the board ‘generic guidelines’ given in MS notice 12 of 2003 should be used to the extent possible The SSP for ships over 3000gt shall be routed through the Indian Register of Shipping to the Directorate General of Shipping for approval. The SSP for other vessels may be submitted to the Directorate for approval. 

10.  The requirement of the following SOLAS regulations need not be applicable to ships operating within coastal waters of India

     a.- Regulation V/19 regarding installations of AIS; if the vessel is less than 500 gt. and
                                                     
     b- Regulation XI-2/6 regarding installation of ship security alert system for ships of less than 3000gt.
         
     c - Regulation XI-2/6 regarding installation of ship security alert system for ships more than
          3000 gt. If the vessel has a SAT-A, M4 OR Mini M  on board. 

11. The ship security plan prepared in accordance with the above guidelines, together with the corresponding ship security assessment, shall be submitted in printed from (two copies) and one copy in electronic format (CD) for approval by Nautical Advisor to the Govt. of India.    

12.  The coastal ships shall be subject to initial and subsequent verifications of compliances by Directorate General of Shipping. Normally the subsequent verifications would include an intermediate verification (at intervals 30 months and not exceeding 36 months from the date of renewable verification) and a renewable verification every five years. Necessary request for verification/survey shall be made at least one week before the due date for verification. 

13.  The coastal ships will be issued a “Ship Security Certificate” by the Directorate General of Shipping. Though the port authorities shall recognize such certificate (as the “ISSC” issued to foreign going ships). The port authorities may exercise additional security measures in the interest of overall security of the port facility.   

14.   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 such crafts are meeting the basic principles of the ISPS code. The ports authorities may issue necessary documentation as deemed to fit clarify the status of such port service crafts with respect to meeting the basic principles of the code.                                          

15.    The port authorities using service crafts and having trans-shippers or other such crafts 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 and the overall responsibility for ensuring security measures on port crafts, trans-shippers and other such support crafts plying within port facility limits would rest with port facility authorities.  

16.    The coastal ships less than 500 gt and operating within the harbor limit and not belonging to the port authorities shall have a responsible person ashore, who will ensure that necessary drills and awareness training is being imparted to on-board crew at intervals not more than three months. Such person should have undergone the “Company Security Officer” training from a recognized training Institute. Alternately the PFSO may use the same guidelines as at para 14 and 15 for port crafts. 

17.    The fees for approval of SSP, verification audit, issue of ISSC will be as per the applicable Circular. Every ship registered under the Merchant Shipping Act 1958 plying in the coastal waters of India will be required to comply with the provision of above circular by 31^st. March 2005 and therefore ship owners , managers and operators are urged to take note of guide lines above for effective implementation by the due date as mentioned. 

18.    Every coastal vessel where SSA has been fitted shall be registered in accordance with NT Branch Circular NT/ISPS/COM/CIRCULAR No. 8  dated 3/9/2004. The registration charges and the annual maintenance fee shall be paid in accordance with the applicable circular from time to time.
Sd/-
(Capt.L.K.Panda)
Dy. Nautical Adviser to the Govt. of India

ANNEX - 1
 

TRANSHIPPERS AND PORT CRAFTS WILL BE REQUIRED TO COMPLY WITH THE DGS CIRCULAR NO NT/ISPS/O4/04 DATED 19^TH. APRIL 04.

*- THE SSP WILL BE REQUIRED TO BE SUBMITTED TO I.R.S. FOR SCRUTINY PRIOR TO SUBMISSION TO THE DIRECTORATE.

** Security equipment as per DGS Letter No. 44-NT(9)/ISPS/Equip/2003 1.12.03.
#  Coastal vessels herein implies that vessels which are not calling at foreign ports and solely operating between ports on the Indian Coast.
 

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