The safety guidelines of the ISPS code have been set out by the IMO and confirmed in the SOLAS (Safety Of Life At Sea). The European Union has based its guidelines on this.
The guidelines of the IMO are an adaptation of the SOLAS convention. The SOLAS originally only established regulations for shipping; this is the first time SOLAS also includes port facilities. The next step is the security of the entire port area, including companies that do not have any direct interaction with ships.
This is part of further co-operation between IMO and ILO (International Labour Organisation). At this moment the Ministry of Transport is researching the possibility of setting up a seaport security law. Until this law is passed, the IMO guidelines remain the starting point.
The ISPS Code itself is made up of two parts, A and B. Part A is the text which is attached to the SOLAS Convention and which is mandatory. This text must be processed into national legislation. Part B is a further elaboration of the mandatory part A, a manual for the manner in which part A should be implemented.
To whom does the ISPS code apply?
Exceptions to ISPS code
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The European Union has subsequently set up a new European regulation on the basis of these guidelines 'COM (2003) 229 - 02/05/2003' (document in Dutch) though it is currently pending at the European Union as a proposal. The Ministry of Transport is responsible for the implementation of the EU regulation. This task will be delegated to the designated authority, which is still to be appointed. It will assess the Port Facility security plans, approve them, audit and maintain them.
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