Annex T - Draft amendment to Chapter 3 - Port facility security instructions

Draft amendment of existing ISPS

Chapter 3 - Managemnt of Security

Part 1A: Port Security Committees (PSC)

Prior to the introduction of the EC Directive on enhancing Port Security (EC 65/2005) Port Security Committees (PSCs) played a vital part in the UK security regime, particularly where a port facility was part of a wider port estate consisting of a number of different port facilities and in bringing together Government and Industry stakeholders: Port Facilities were required to participate in a PSC as part of the conditions of Port Facility Security Plan approval, rather than as a direct requirement of the EC Regulation 725/2004. The PSC was required to meet not less than twice a year, and as required by TRANSEC at higher security levels. Their membership was expected to include all local stakeholders, government and police representatives, and wherever possible they were to be chaired by the Statutory Harbour Authority. The role of the PSC included:

• Co-ordinating implementation of the security measures required by the PFSP(s);
• Ensuring consistency and compatibility of approach within the port estate; and
• Providing feedback on implementation, exercises, testing, training and updating of the PFSP(s).

However, with the advent of the EC Directive, the responsibilities of the PSC are now required to be conducted by the Port Security Officer, and the Port Security Authority, for the Port. There is no longer a requirement by TRANSEC for “Port Security Committees” as a condition of ISPS plan approval.

It is a matter of local discretion as to whether Security Committees are maintained either at Port Facility or wider Port levels, in the interests of promoting security awareness and as a forum for discussion/feedback, however the Port Security Regulations 2008 place a requirement for all port facilities to be represented on the Port Security Authority, and for the Port Security Officer for the port to be the point of contact for security matters. This means that at an executive level the requirements for co-ordination and communication are met, but committees may provide some value at a lower level. Alternatively, Port Security Authorities may which to establish committees to advise them on particular issues or for specific purposes/projects.

A Port Security Authority is an official body, designated in legislation by the Secretary of State for Transport. Where port facilities continue to maintain a port security committee in addition to their representation on a Port Security Authority, their PFSP must clearly define the committee’s roles and responsibilities so as to avoid confusion between the two bodies.

Part 1B: Port Security Authorities (PSA)

The Port Security Regulations 2008 (Reg.6) place a duty on every regulated commercial maritime transport operation to be represented on a “Port Security Authority” for the wider port area in which they are situated. This is intended to be the PFSO, AMSA Directed Party or appointed Security manager for the site, but they may nominate someone else to represent them who could ether be another officer of their own organisation or perhaps a fellow PFSO or other officer form another organisation. In any case it will be subject to agreement between all parties, approval by TRANSEC and a clear understanding of accountability and responsibility.

Similar to the former requirement for Port Security Committees, Port Security Authorities are required to meet at least twice a year, and in response to certain circumstances.

Their primary responsibility is the completion, maintenance and retention of the Port Security Plan and the Port Security Assessment. The focus of their proceedings will be around discussing security issues and, if necessary, recording and evaluating security risks in a risk register (the Port Security Assessment). In due course the results of the risk register will be actions, which may involve the amendment of the Port Security Plan or its constituent documents.

The PSA may charge its members reasonable fees to cover its operating costs, or share the cost of new port wide measures that are agreed by its members. If a PSA does make charges, it must keep proper audited accounts and accounting records.

The PSA determines its own rules of procedure, that is, the manner in which it will conduct its business and arrive at decisions. However the Port Security Regulations 2008 has strict rules about eligibility for membership, declaration of interests, and objections to PSA decisions which must be adhered to.