Directive 2005/65 - Enhancing port security

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Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. Original proposal
  6. Sources and disclaimer
  7. Full version
  8. EU Monitor

1.

Current status

This directive has been published on November 25, 2005, entered into force on December 15, 2005 and should have been implemented in national regulation on June 15, 2007 at the latest.

2.

Key information

official title

Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing port security
 
Legal instrument Directive
Number legal act Directive 2005/65
Original proposal COM(2004)76 EN
CELEX number57 32005L0065

3.

Key dates

Document 26-10-2005
Publication in Official Journal 25-11-2005; Special edition in Bulgarian: Chapter 07 Volume 015,OJ L 310, 25.11.2005,Special edition in Croatian: Chapter 07 Volume 013,Special edition in Romanian: Chapter 07 Volume 015
Effect 15-12-2005; Entry into force Date pub. + 20 See Art 21
End of validity 31-12-9999
Transposition 15-06-2007; At the latest

4.

Legislative text

25.11.2005   

EN

Official Journal of the European Union

L 310/28
 

DIRECTIVE 2005/65/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 26 October 2005

on enhancing port security

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

 

(1)

Security incidents resulting from terrorism are among the greatest threats to the ideals of democracy, freedom and peace, which are the very essence of the European Union.
 

(2)

People, infrastructure and equipment in ports should be protected against security incidents and their devastating effects. Such protection would benefit transport users, the economy and society as a whole.
 

(3)

On 31 March 2004 the European Parliament and the Council of the European Union adopted Regulation (EC) No 725/2004 (4) on enhancing ship and port facility security. The maritime security measures imposed by that Regulation constitute only part of the measures necessary to achieve an adequate level of security throughout maritime-linked transport chains. That Regulation is limited in scope to security measures on board vessels and the immediate ship/port interface.
 

(4)

In order to achieve the fullest protection possible for maritime and port industries, port security measures should be introduced, covering each port within the boundaries defined by the Member State concerned, and thereby ensuring that security measures taken pursuant to Regulation (EC) No 725/2004 benefit from enhanced security in the areas of port activity. These measures should apply to all those ports in which one or more port facilities covered by Regulation (EC) No 725/2004 are situated.
 

(5)

The security objective of this Directive should be achieved by adopting appropriate measures without prejudice to the rules of the Member States in the field of national security and measures which might be taken on the basis of Title VI of the Treaty on European Union.
 

(6)

Member States should rely upon detailed security assessments to identify the exact boundaries of the security-relevant port area, as well as the different measures required to ensure appropriate port security. Such measures should differ according to the security level in place and reflect differences in the risk profile of different sub-areas in the port.
 

(7)

Member States should approve port security plans which incorporate the findings of the port security assessment. The effectiveness of security measures also requires the clear division of tasks between all parties involved as well as regular exercises. This clear division of tasks and the recording of exercise procedures in the format of the port security plan is considered to contribute strongly to the effectiveness of both preventive and remedial port security measures.
 

(8)

Roll-on roll-off vessels are particularly vulnerable to security incidents, in particular if they carry passengers as well as cargo. Adequate measures should be taken on the basis of risk assessments which ensure that cars and goods vehicles destined for transport on roll-on roll-off vessels on domestic and international routes do not cause a risk to the vessel, its passengers and crew or to the cargo. The measures should be taken in a way which impedes as little as possible the fluidity of the operations.
 

(9)

Member States should be able to establish port security committees entrusted with providing practical...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

For further information you may want to consult the following sources that have been used to compile this dossier:

This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.

 

7.

Full version

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8.

EU Monitor

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  • 1. 
    IMO: International Maritime Organisation.

     
  • 2. 
    SOLAS: Safety Of Life At Sea.

     
  • 3. 
    ISPS: International Ship and Port Facility Security.

     
  • 4. 
    ILO: International Labour Organisation.

     
  • 5. 
    In this context 'port facility' means a location where the ship/port interface takes place; this includes areas such as anchorages, waiting berths and approaches from seaward, as appropriate". 'Ship/port interface' means the interactions that occur when a ship is directly and immediately affected by actions involving the movement of persons or goods or the provision of port services to or from the ship.

     
  • 6. 
    Although it would theoretically be possible for Member States to interpret port facility extensively so as to include the entire port, thus extending application of the ISPS Code to the entire port, it is understood that such interpretation is unlikely to be given.

     
  • 7. 
    SOLAS: Safety Of Life At Sea.

     
  • 8. 
    OJ L 184, 17.7.1999, p. 23.

     
  • 9. 
    SOLAS: Safety Of Life At Sea.

     
  • 10. 
    OJ C ..., ..., p. ...

     
  • 11. 
    OJ C ..., ..., p. ...

     
  • 12. 
    OJ C ..., ..., p. ...

     
  • 13. 
    OJ C ..., ..., p. ...

     
  • 14. 
    OJ L 184, 17.7.1999, p. 23.

     
  • 15. 
    SOLAS: Safety Of Life At Sea.

     
  • 16. 
    SOLAS: Safety Of Life At Sea.

     
  • 17. 
    OJ L 184, 17.7.1999, p. 23.

     
  • 18. 
    Although it would theoretically be possible for Member States to interpret port facility extensively so as to include the entire port, thus extending application of the ISPS Code to the entire port, it is understood that such interpretation is unlikely to be given.

     
  • 19. 
    OJ L 317, 3.12.2001, p. 1.

     
  • 20. 
    OJ L 145, 31.5.2001, p. 43.

     
  • 21. 
    ILO: International Labour Organisation.

     
  • 22. 
    For further information, see separate explanatory note.

     
  • 23. 
    SOLAS: Safety Of Life At Sea.

     
  • 24. 
    For further information, see separate explanatory note.

     
  • 25. 
    OECD, Directorate for Science, Technology and Industry, Maritime Transport Committee, Security in Maritime Transport: Risk Factors and Economic Impact, July 2003.

     
  • 26. 
    OECD, op.cit.

     
  • 27. 
    The Friction Economy, in: Fortune, February 2003; Bowserbox, D and Closs, D., Supply Chain Sustainability and Cost in the New War Economy, in: Traffic World, April 2002.

     
  • 28. 
    Conference Board, Booz Allen Hamilton, October 2002.

     
  • 29. 
    IMO: International Maritime Organisation.

     
  • 30. 
    SOLAS: Safety Of Life At Sea.

     
  • 31. 
    ISPS: International Ship and Port Facility Security.

     
  • 32. 
    ILO: International Labour Organisation.

     
  • 33. 
    In this context 'port facility' means a location where the ship/port interface takes place; this includes areas such as anchorages, waiting berths and approaches from seaward, as appropriate". 'Ship/port interface' means the interactions that occur when a ship is directly and immediately affected by actions involving the movement of persons or goods or the provision of port services to or from the ship.

     
  • 34. 
    Although it would theoretically be possible for Member States to interpret port facility extensively so as to include the entire port, thus extending application of the ISPS Code to the entire port, it is understood that such interpretation is unlikely to be given.

     
  • 35. 
    SOLAS: Safety Of Life At Sea.

     
  • 36. 
    OJ L 184, 17.7.1999, p. 23.

     
  • 37. 
    SOLAS: Safety Of Life At Sea.

     
  • 38. 
    OJ C ..., ..., p. ...

     
  • 39. 
    OJ C ..., ..., p. ...

     
  • 40. 
    OJ C ..., ..., p. ...

     
  • 41. 
    OJ C ..., ..., p. ...

     
  • 42. 
    OJ L 184, 17.7.1999, p. 23.

     
  • 43. 
    SOLAS: Safety Of Life At Sea.

     
  • 44. 
    SOLAS: Safety Of Life At Sea.

     
  • 45. 
    OJ L 184, 17.7.1999, p. 23.

     
  • 46. 
    Although it would theoretically be possible for Member States to interpret port facility extensively so as to include the entire port, thus extending application of the ISPS Code to the entire port, it is understood that such interpretation is unlikely to be given.

     
  • 47. 
    OJ L 317, 3.12.2001, p. 1.

     
  • 48. 
    OJ L 145, 31.5.2001, p. 43.

     
  • 49. 
    ILO: International Labour Organisation.

     
  • 50. 
    For further information, see separate explanatory note.

     
  • 51. 
    SOLAS: Safety Of Life At Sea.

     
  • 52. 
    For further information, see separate explanatory note.

     
  • 53. 
    OECD, Directorate for Science, Technology and Industry, Maritime Transport Committee, Security in Maritime Transport: Risk Factors and Economic Impact, July 2003.

     
  • 54. 
    OECD, op.cit.

     
  • 55. 
    The Friction Economy, in: Fortune, February 2003; Bowserbox, D and Closs, D., Supply Chain Sustainability and Cost in the New War Economy, in: Traffic World, April 2002.

     
  • 56. 
    Conference Board, Booz Allen Hamilton, October 2002.

     
  • 57. 
    Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
     
  • 58. 
    EUR-lex provides an overview of the proposal, amendments, citations and legality.