The Commission presents an amended proposal on enhancing port\nsecurity, the contents of which are substantially the same as those\npresented in its initial proposal. The amended proposal imposes on\nMember States the obligation to coordinate closely the port\nsecurity measures with those taken in application of the Regulation\non maritime and port facility security. In addition, the port\nsecurity plan must ensure that, on the basis of risk assessments,\nadequate security controls are carried on cars set for embarkation\non vessels which also carry passengers.
\nThe main amendments are in the financial implications:
\n\n- Period of application: Indefinite, starting in 2006;
\n- Overall multi-annual estimate of expenditure (totals):
\n- Schedule of commitment appropriations/payment appropriations\n(financial intervention): EUR 0.520 million;
\n- Technical and administrative assistance and support\nexpenditure: EUR 0.150 million;
\n- Overall financial impact of human resources and other\nadministrative expenditure:
\n- EUR 0.670 million; Total: EUR 4.671 million;
\n- Staff to be assigned: 1 permanent and 8 temporary.
\nPending the European Parliament's opinion on the proposal for a\nDirective enhancing port security,
\nthe Council agreed on a general approach on the file at this\nstage. It will be up to the incoming
\nPresidency to establish contact with the new European Parliament\nwith the aim of reaching an
\nagreement at first reading in the codecision procedure.
\nThe Ministerial discussion was based on a Presidency compromise\ntext reflecting the March 2004
\nEuropean Council which voiced concerns in its Declaration on\nTerrorism after the tragic events in
\nMadrid on 11 March 2004 and called in particular \" for the\nstrengthening of the security in all forms
\nof transport systems, including through the enhancement of the\nlegal framework and the
\nimprovement of prevention mechanisms\".
\nThe compromise text agreed upon by the Council also concerns\ncontrols prior to embarkation on
\nboard of roll-on roll-off ferries (Article 7, paragraph 3) on\nthe basis of the modified Commission's proposal.
\nMoreover, with regard to the proper implementation of the\nDirective, it has been unanimously
\nagreed that it is up to the Member States to set up a system\nensuring adequate and regular
\nsupervision of the port security plans and their implementation\n(Article 14.1). The Commission,
\npreferring Community controls in this matter, maintains a\nreservation on this point.
\nThe committee adopted the report by\nJeanine HENNIS-PLASSCHAERT (ALDE, NL) broadly approving the\nproposal under the 1st reading of the codecision procedure, subject\nto a few amendments:
\n- as the proposal left it up to the Member\nStates themselves to identify the boundaries for each port for the\npurposes of the directive, it should therefore also be up to the\nMember States to determine whether or not the directive should\napply to areas outside ports (adjacent areas). The committee\naccordingly changed the wording of Articles 1 and 2;
\n- again in keeping with the subsidiarity\nprinciple, the committee deleted the requirement to set up \"port\nsecurity committees\", arguing that it was up to the Member States\nand ports themselves to determine how the objectives set out in the\ndirective should be attained;
\n- one amendment\naddressed concerns voiced by the Council that inspections might\ngenerate too much red tape. MEPs specified that the Commission and\nthe competent national bodies would coordinate the various\ninspections in order to minimise disruption to ports and the\nadministrative burden on inspection bodies;
\n- the Commission\nshould carry out a study into the costs of measures taken under the\ndirective and cost-sharing between the public authorities, port\nauthorities and operators. The findings of the study should be\nsubmitted no later than 31.12.2005;
\n- lastly, the Commission should submit an\nevaluation report to Parliament and Council 3 years after the\ndirective's entry into force and every 5 years thereafter,\naccompanied where necessary by proposals for additional\nmeasures.
\n \n\n\n \n\t\t \t\t\t \t\t\tThe European Parliament adopted the report by Jeanine\nHENNIS-PLASSCHAERT (ALDE, NL) broadly approving the proposal under\nthe 1st reading of the codecision procedure, subject to a few\namendments. (Please refer to the summary dated\n19/01/2005).
\nIt should be noted that, contrary to the previous\nsummary, the Commission should, by 30 June 2006 at the latest,\n submit to the European Parliament and the Council the\nfindings of a study on the costs involved in measures taken under\nthis Directive, addressing in particular the way financing is\nshared between the public authorities, port authorities and\noperators.
\nPURPOSE : to introduce and implement Community\nmeasures aimed at enhancing port security in the face of threats of\nintentional unlawful acts.
\nLEGISLATIVE ACT : Directive 2005/65/EC of the European\nParliament and of the Council of 26 October 2005 on enhancing port\nsecurity
\nCONTENT : The main objective\nof this Directive is to introduce Community measures to enhance\nport security in the face of threats of security incidents. This\nDirective also ensures that security measures taken pursuant to\nRegulation 725/2004/EC benefit from enhanced port\nsecurity.
\nThe measures will consist of the following:
\n-common basic rules on port security\nmeasures;
\n-an implementation mechanism for these\nrules;
\n-appropriate compliance monitoring\nmechanisms.
\nThe measures laid down in this Directive will apply to\nevery port located in the territory of a Member State in which port\nfacilities covered by an approved port facility security plan\npursuant to Regulation 725/2004/EC are situated. This Directive\ndoes not apply to military installations in ports. Member States\nmust define for each port the boundaries of the port for the\npurposes of the Directive, taking into account information\nresulting from the port security assessment.
\nMember States must designate a port security authority\nfor each port covered by the Directive, which will be responsible\nfor the preparation and implementation of port security plans based\non the findings of port security assessments. Port security\nassessments may be carried out by a recognised security\norganisation and must be approved by the Member State\nconcerned.
\nSubject to the findings of port security assessments,\nMember States must ensure that port security plans are developed,\nmaintained and updated. These plans must identify, for each of the different security levels\nreferred to in the Directive, the procedures to be followed, the\nmeasures to be put in place and the actions to be undertaken. There\nare three security levels, which are described in the\ndirective.
\nIn addition, a port security officer will be approved\nby the Member State concerned for each port. Each port shall, where\npracticable, have a different port security officer, but may, if\nappropriate, share a security officer. Port security officers will\nfulfil the role of point of contact for port security related\nissues.
\nMember States will also appoint for port security\naspects a focal point.
\nPort security plans must be reviewed at least once every five years.
\nBy 15 December 2008 and every five years thereafter,\nthe Commission will submit an evaluation report.
\nENTRY INTO FORCE : 15 December 2005
\nDATE OF TRANSPOSITION : 15 June 2007.
\nThis report assesses the implementation status of\nDirective 2005/65/EC on enhancing port security and the\neffectiveness of the measures taken. The main objective of this\nDirective is to complement the measures adopted in 2004 by means of\nRegulation (EC) No 725/2004 on enhancing ship and port facility\nsecurity.
\nThe main objective of Regulation (EC) No 725/2004\nwas to implement Community measures aimed at enhancing ship and\nport facility security in the face of the threats posed by\nintentional unlawful acts. The Directive completes the mechanism\nprovided for under this Regulation by establishing a security\nsystem for all port areas, in order to ensure a high and comparable\nlevel of security for all European ports. The aim of the Directive\nis to improve security in port areas not covered under the\nRegulation and to ensure that the enhancement of port security will\nsupport the security measures taken under the Regulation, without\ncreating additional obligations in areas already governed by the\nRegulation. It should be noted that the Directive applies to all\nports located in the territory of a Member State in which one or\nmore port facilities, covered by a port facility security plan\napproved in accordance with Regulation (EC) No 725/2004, is or\nare located.
\nGiven that the Commission's experience of the\napplication of the Directive has been relatively recent, it is\nstill too early to perform a final assessment of its\nimpact.
\nHowever, following the difficult task of implementing\nthe provisions designed to improve ship security and that of\nassociated port facilities, which Member States have been doing\nsince 2004, the challenge is now to complete security provisions\nfor port areas in order to ensure high and comparable security in\nall European ports. The work carried out by the Member States in\norder to complete transposition of the Directive down to local\nlevel must continue, not only in order to complete the regulatory\nframework for maritime security but above all to enhance security\nin maritime and port activity areas and to ensure maximum\nprotection for these activities within the perimeter of all ports.\nIt should always be borne in mind that the security of the whole\nlogistics chain will always be the same as that of its weakest\nlink.
\nOn the basis of these conclusions, the Commission\nrecalls that the security of ports and their approach areas is\nessential to security within maritime transport as a whole. It is\nin no-one's interests to entrust or offload passengers or cargo in\na port which is not 'secure'. Conditions of port security require a\nhigh level of vigilance on the part of Member States and the\npreparation of all those involved in order to ensure high and\ncomparable security for all European ports. For this reason, as\nregards security in maritime areas and ports, work should continue\nto permanently improve prevention, protection and response measures\nto counteract the new threats arising from terrorism, piracy or\nany other intentional illegal act. To this end, from 2009, the\nworking programme for the performance of maritime security\ninspections carried out by the Commission will include a systematic\ncomponent allowing verification that procedures for monitoring the\napplication of the Directive have been correctly\napplied.
\nThe Commission is also proposing examining the\nconstraints facing the authorities responsible for the\nimplementation of security measures. This study should enable\nan objective typology of ports to be drawn up and to examine how\nbest to include the interests of all parties involved in ports,\nwith suggestions for putting in place the necessary security\nmeasures to protect against illegal acts and the devastating\nconsequences of such acts. The research should necessarily focus on\ninteraction between the various areas of port activity, whether\ncommercial, industrial or residential activity or other water-based\nactivity such as fishing or leisure craft with a direct or indirect\nimpact on the general security of the port.
\nDepending on the characteristics identified for each\ntype of port, research should be done into the most suitable method\nof ensuring the necessary balance between the fundamental\nprinciples of freedom and the implementation of measures\nessential for taking vulnerabilities into account and for\nresponding to threats, in order to ensure - depending on the\nassessment of risk level - the best level of protection for all\nusers of ports and maritime transport, for Europe's economy and\nsociety in general.
\nThe Commission presents an amended proposal on enhancing port\nsecurity, the contents of which are substantially the same as those\npresented in its initial proposal. The amended proposal imposes on\nMember States the obligation to coordinate closely the port\nsecurity measures with those taken in application of the Regulation\non maritime and port facility security. In addition, the port\nsecurity plan must ensure that, on the basis of risk assessments,\nadequate security controls are carried on cars set for embarkation\non vessels which also carry passengers.
\nThe main amendments are in the financial implications:
\n\n- Period of application: Indefinite, starting in 2006;
\n- Overall multi-annual estimate of expenditure (totals):
\n- Schedule of commitment appropriations/payment appropriations\n(financial intervention): EUR 0.520 million;
\n- Technical and administrative assistance and support\nexpenditure: EUR 0.150 million;
\n- Overall financial impact of human resources and other\nadministrative expenditure:
\n- EUR 0.670 million; Total: EUR 4.671 million;
\n- Staff to be assigned: 1 permanent and 8 temporary.
\nPending the European Parliament's opinion on the proposal for a\nDirective enhancing port security,
\nthe Council agreed on a general approach on the file at this\nstage. It will be up to the incoming
\nPresidency to establish contact with the new European Parliament\nwith the aim of reaching an
\nagreement at first reading in the codecision procedure.
\nThe Ministerial discussion was based on a Presidency compromise\ntext reflecting the March 2004
\nEuropean Council which voiced concerns in its Declaration on\nTerrorism after the tragic events in
\nMadrid on 11 March 2004 and called in particular \" for the\nstrengthening of the security in all forms
\nof transport systems, including through the enhancement of the\nlegal framework and the
\nimprovement of prevention mechanisms\".
\nThe compromise text agreed upon by the Council also concerns\ncontrols prior to embarkation on
\nboard of roll-on roll-off ferries (Article 7, paragraph 3) on\nthe basis of the modified Commission's proposal.
\nMoreover, with regard to the proper implementation of the\nDirective, it has been unanimously
\nagreed that it is up to the Member States to set up a system\nensuring adequate and regular
\nsupervision of the port security plans and their implementation\n(Article 14.1). The Commission,
\npreferring Community controls in this matter, maintains a\nreservation on this point.
\nThe committee adopted the report by\nJeanine HENNIS-PLASSCHAERT (ALDE, NL) broadly approving the\nproposal under the 1st reading of the codecision procedure, subject\nto a few amendments:
\n- as the proposal left it up to the Member\nStates themselves to identify the boundaries for each port for the\npurposes of the directive, it should therefore also be up to the\nMember States to determine whether or not the directive should\napply to areas outside ports (adjacent areas). The committee\naccordingly changed the wording of Articles 1 and 2;
\n- again in keeping with the subsidiarity\nprinciple, the committee deleted the requirement to set up \"port\nsecurity committees\", arguing that it was up to the Member States\nand ports themselves to determine how the objectives set out in the\ndirective should be attained;
\n- one amendment\naddressed concerns voiced by the Council that inspections might\ngenerate too much red tape. MEPs specified that the Commission and\nthe competent national bodies would coordinate the various\ninspections in order to minimise disruption to ports and the\nadministrative burden on inspection bodies;
\n- the Commission\nshould carry out a study into the costs of measures taken under the\ndirective and cost-sharing between the public authorities, port\nauthorities and operators. The findings of the study should be\nsubmitted no later than 31.12.2005;
\n- lastly, the Commission should submit an\nevaluation report to Parliament and Council 3 years after the\ndirective's entry into force and every 5 years thereafter,\naccompanied where necessary by proposals for additional\nmeasures.
\n \n\n\n \n\t\t \t\t\t \t\t\tThe European Parliament adopted the report by Jeanine\nHENNIS-PLASSCHAERT (ALDE, NL) broadly approving the proposal under\nthe 1st reading of the codecision procedure, subject to a few\namendments. (Please refer to the summary dated\n19/01/2005).
\nIt should be noted that, contrary to the previous\nsummary, the Commission should, by 30 June 2006 at the latest,\n submit to the European Parliament and the Council the\nfindings of a study on the costs involved in measures taken under\nthis Directive, addressing in particular the way financing is\nshared between the public authorities, port authorities and\noperators.
\nPURPOSE : to introduce and implement Community\nmeasures aimed at enhancing port security in the face of threats of\nintentional unlawful acts.
\nLEGISLATIVE ACT : Directive 2005/65/EC of the European\nParliament and of the Council of 26 October 2005 on enhancing port\nsecurity
\nCONTENT : The main objective\nof this Directive is to introduce Community measures to enhance\nport security in the face of threats of security incidents. This\nDirective also ensures that security measures taken pursuant to\nRegulation 725/2004/EC benefit from enhanced port\nsecurity.
\nThe measures will consist of the following:
\n-common basic rules on port security\nmeasures;
\n-an implementation mechanism for these\nrules;
\n-appropriate compliance monitoring\nmechanisms.
\nThe measures laid down in this Directive will apply to\nevery port located in the territory of a Member State in which port\nfacilities covered by an approved port facility security plan\npursuant to Regulation 725/2004/EC are situated. This Directive\ndoes not apply to military installations in ports. Member States\nmust define for each port the boundaries of the port for the\npurposes of the Directive, taking into account information\nresulting from the port security assessment.
\nMember States must designate a port security authority\nfor each port covered by the Directive, which will be responsible\nfor the preparation and implementation of port security plans based\non the findings of port security assessments. Port security\nassessments may be carried out by a recognised security\norganisation and must be approved by the Member State\nconcerned.
\nSubject to the findings of port security assessments,\nMember States must ensure that port security plans are developed,\nmaintained and updated. These plans must identify, for each of the different security levels\nreferred to in the Directive, the procedures to be followed, the\nmeasures to be put in place and the actions to be undertaken. There\nare three security levels, which are described in the\ndirective.
\nIn addition, a port security officer will be approved\nby the Member State concerned for each port. Each port shall, where\npracticable, have a different port security officer, but may, if\nappropriate, share a security officer. Port security officers will\nfulfil the role of point of contact for port security related\nissues.
\nMember States will also appoint for port security\naspects a focal point.
\nPort security plans must be reviewed at least once every five years.
\nBy 15 December 2008 and every five years thereafter,\nthe Commission will submit an evaluation report.
\nENTRY INTO FORCE : 15 December 2005
\nDATE OF TRANSPOSITION : 15 June 2007.
\nThis report assesses the implementation status of\nDirective 2005/65/EC on enhancing port security and the\neffectiveness of the measures taken. The main objective of this\nDirective is to complement the measures adopted in 2004 by means of\nRegulation (EC) No 725/2004 on enhancing ship and port facility\nsecurity.
\nThe main objective of Regulation (EC) No 725/2004\nwas to implement Community measures aimed at enhancing ship and\nport facility security in the face of the threats posed by\nintentional unlawful acts. The Directive completes the mechanism\nprovided for under this Regulation by establishing a security\nsystem for all port areas, in order to ensure a high and comparable\nlevel of security for all European ports. The aim of the Directive\nis to improve security in port areas not covered under the\nRegulation and to ensure that the enhancement of port security will\nsupport the security measures taken under the Regulation, without\ncreating additional obligations in areas already governed by the\nRegulation. It should be noted that the Directive applies to all\nports located in the territory of a Member State in which one or\nmore port facilities, covered by a port facility security plan\napproved in accordance with Regulation (EC) No 725/2004, is or\nare located.
\nGiven that the Commission's experience of the\napplication of the Directive has been relatively recent, it is\nstill too early to perform a final assessment of its\nimpact.
\nHowever, following the difficult task of implementing\nthe provisions designed to improve ship security and that of\nassociated port facilities, which Member States have been doing\nsince 2004, the challenge is now to complete security provisions\nfor port areas in order to ensure high and comparable security in\nall European ports. The work carried out by the Member States in\norder to complete transposition of the Directive down to local\nlevel must continue, not only in order to complete the regulatory\nframework for maritime security but above all to enhance security\nin maritime and port activity areas and to ensure maximum\nprotection for these activities within the perimeter of all ports.\nIt should always be borne in mind that the security of the whole\nlogistics chain will always be the same as that of its weakest\nlink.
\nOn the basis of these conclusions, the Commission\nrecalls that the security of ports and their approach areas is\nessential to security within maritime transport as a whole. It is\nin no-one's interests to entrust or offload passengers or cargo in\na port which is not 'secure'. Conditions of port security require a\nhigh level of vigilance on the part of Member States and the\npreparation of all those involved in order to ensure high and\ncomparable security for all European ports. For this reason, as\nregards security in maritime areas and ports, work should continue\nto permanently improve prevention, protection and response measures\nto counteract the new threats arising from terrorism, piracy or\nany other intentional illegal act. To this end, from 2009, the\nworking programme for the performance of maritime security\ninspections carried out by the Commission will include a systematic\ncomponent allowing verification that procedures for monitoring the\napplication of the Directive have been correctly\napplied.
\nThe Commission is also proposing examining the\nconstraints facing the authorities responsible for the\nimplementation of security measures. This study should enable\nan objective typology of ports to be drawn up and to examine how\nbest to include the interests of all parties involved in ports,\nwith suggestions for putting in place the necessary security\nmeasures to protect against illegal acts and the devastating\nconsequences of such acts. The research should necessarily focus on\ninteraction between the various areas of port activity, whether\ncommercial, industrial or residential activity or other water-based\nactivity such as fishing or leisure craft with a direct or indirect\nimpact on the general security of the port.
\nDepending on the characteristics identified for each\ntype of port, research should be done into the most suitable method\nof ensuring the necessary balance between the fundamental\nprinciples of freedom and the implementation of measures\nessential for taking vulnerabilities into account and for\nresponding to threats, in order to ensure - depending on the\nassessment of risk level - the best level of protection for all\nusers of ports and maritime transport, for Europe's economy and\nsociety in general.
\n