{"id":1419,"date":"2018-07-25T19:37:20","date_gmt":"2018-07-25T19:37:20","guid":{"rendered":"http:\/\/legalblog.ie\/ship-and-port-safety\/"},"modified":"2022-09-25T17:34:38","modified_gmt":"2022-09-25T17:34:38","slug":"ship-and-port-safety","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/ship-and-port-safety\/","title":{"rendered":"Ship and Port Safety [EU]"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/ship-and-port-safety\/#European_Maritime_Safety_Agency\" title=\"European Maritime Safety Agency\">European Maritime Safety Agency<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/ship-and-port-safety\/#Port_Safety_and_Control\" title=\"Port Safety and Control\">Port Safety and Control<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/ship-and-port-safety\/#Port_Safety_and_Control_II\" title=\"Port Safety and Control II\">Port Safety and Control II<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/ship-and-port-safety\/#Port_Security\" title=\"Port Security\">Port Security<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/ship-and-port-safety\/#Safe_Loading_and_Unloading\" title=\"Safe Loading and Unloading\">Safe Loading and Unloading<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/ship-and-port-safety\/#Maritime_Safety_and_Pollution\" title=\"Maritime Safety and Pollution\">Maritime Safety and Pollution<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/ship-and-port-safety\/#Maritime_Traffic\" title=\"Maritime Traffic\">Maritime Traffic<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"European_Maritime_Safety_Agency\"><\/span>European Maritime Safety Agency<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The European maritime safety agency was established by regulation in 2002.\u00a0 The purpose of the agency is to provide states and Commissions with technical and scientific assistance to ensure proper application of EU legislation in maritime safety, monitor implementation and evaluate effectiveness.<\/p>\n<p>The agency assists the Commission in producing EU legislation on maritime safety and ship pollution.\u00a0 It refers to international developments in legislation. It assists the Commission in monitoring the overall functioning of EU state control arrangements by undertaking visits.\u00a0 It provides the Commission with technical assistance and supports it in tasks under EU law.<\/p>\n<p>It provides the Commission with objective information and data on maritime safety through the collection of records, evaluation of technical data in relation to maritime safety, traffic and pollution.\u00a0 This assists the Commission in publishing every six months information on refusals of access and assists states in identifying or pursuing ships making unlawful discharges. The agency develops in cooperation with the Commission and states, a common methodology for investigating accidents and analysing existing accident reports.<\/p>\n<p>The agency has certain responsibilities in relation to pollution control. \u00a0It supports pollution enforcement by states.\u00a0 The agency assists states in clean-up operations and action plans.<\/p>\n<p>The agency\\&#8217;s board is made up of representatives of each state of the Commission and professionals in the relevant sectors.\u00a0 Its staff are employed by the entity itself.\u00a0 It acts on the basis of a two-thirds majority<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Port_Safety_and_Control\"><\/span>Port Safety and Control<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An EU directive seeks to improve maritime safety by ensuring safety controls at ports.\u00a0 The directive applies to ships or crew calling at port or anchorage of a state to engage in ship-port interface.\u00a0 It does not apply to fishing vessels, warships, naval ancillaries, wooden ships of primitive build, government ships, or non-commercial purposes and treasury yachts.<\/p>\n<p>States must take necessary measures to ensure inspection.\u00a0 Qualified inspectors must be made available to the competent authority.<\/p>\n<p>There are two categories of inspection.\u00a0 Priority one ships for which inspection is mandatory and Priority two for which inspection is optional.\u00a0 In the latter case, a percentage of ships visiting the port must be inspected.<\/p>\n<p>Waiver of a priority one inspection may be permitted if it can be carried out in the next EU port of call or another port within 15 days within the EU.\u00a0 Exceptional circumstances such as risks to safety may justify inspection not being carried out.<\/p>\n<p>The risk profile applicable to a ship calling at a port or anchorage is determined by parameters such as type and age of the ship, flag, state, compliance with standards by the relevant business, number of deficiencies, and recent detentions.\u00a0 The competent authority decides on the basis of the risk profile as to whether a ship should be inspected.<\/p>\n<p>There are two types of inspection.<\/p>\n<ul>\n<li>the initial inspection in which the authority verifies the presence of the required certificates and documents, the general condition of the ship and compliance with deficiencies previously detected.<\/li>\n<li>detailed inspection, if the initial inspection shows that the condition of the ship does not comply with the convention.<\/li>\n<li>expanded inspection for high-risk ships or certain passenger ships, bulk carriers, oil carriers or chemical tankers more than 12 years old.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Port_Safety_and_Control_II\"><\/span>Port Safety and Control II<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>States may refuse access to ports for ships flying flags on black or grey lists which have been detained or whose operation has been prohibited under directives more than at certain times within a certain period.<\/p>\n<p>States must ensure deficiencies which have been confirmed or revealed during an inspection are rectified.\u00a0 If they are hazardous to safety, health or the environment the authority must ensure the ship is detained until the matter is rectified.<\/p>\n<p>There is provision for an appeal against the decision of a competent authority.\u00a0 This does not spend the refusal of access or detention.<\/p>\n<p>Inspectors must meet qualification criteria in order to be approved by a competent authority.\u00a0 That is a common model for an identity card which inspectors are to carry when undertaking port control.<\/p>\n<p>The Commission publishes and updates an inspection database and a list of companies whose compliance standards are low.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Port_Security\"><\/span>Port Security<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A directive provides for security of ships and port infrastructure.\u00a0 The Directive seeks to provide a common security system in all ports designed to guarantee high level or comparable level of security to EU ports.<\/p>\n<p>States must designate a port security authority for each port.\u00a0 One may be designated for several ports.\u00a0 The authority must identify or take required security measures in accordance with the assessment of the port security, needs and plan.<\/p>\n<p>States must ensure that ports develop security plans, maintain and update them.\u00a0 They must provide a description of the measures to be taken to enhance port security.<\/p>\n<p>The security levels are to correspond with the relevant risk level.<\/p>\n<p>States must accredit a port security officer in each port to act as a contact point for port security issues.\u00a0 The officer must have the requisite knowledge and authority to coordinate port safety and security plans.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Safe_Loading_and_Unloading\"><\/span>Safe Loading and Unloading<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An EU directive provides for common standards and procedures for safe loading and unloading of bulk carriers.\u00a0 They prescribe duties for the master and terminal operator.\u00a0 They regulate the exchange of information between them.<\/p>\n<p>The directive applies to boat carriers irrespective of their registration calling at a terminal to load or unload solid bulk cargo and to all terminals of the state visited by boat carriers within the scope of the directive.\u00a0 It does not apply to facilities visited by boat carriers in exceptional circumstances.<\/p>\n<p>The directive provides for suitability requirements for boat carriers.\u00a0 The cargo holds, hatches, openings, lightings, loading instructions, machinery and equipment must comply with the conditions in the directive.\u00a0 Compliance is monitored by the terminal authority.<\/p>\n<p>Terminals must comply with suitability requirements in respect of loading and unloading equipment, training, assessment of tasks to personnel.\u00a0 They must appoint representatives responsible for loading and unloading boat carriers at the terminal.\u00a0 They must provide boat carriers with information manuals containing the requisite information and set up appropriate management systems.<\/p>\n<p>The directive sets out the duties and responsibilities of the carrier at terminals.\u00a0 It provides for procedures to apply prior to, during and after unloading.<\/p>\n<p>Where operations threaten ship safety, competent authorities may take action.\u00a0 States may intervene if the terminal representatives and master cannot reach agreement on the action to be taken.\u00a0 The responsibility rests primarily with them.\u00a0 States must take measures to monitor the implementation of the directive and submit reports to the commission every three years.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Maritime_Safety_and_Pollution\"><\/span>Maritime Safety and Pollution<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An EU regulation provides for EU policy for maritime safety.\u00a0 The regulation simplifies procedures by replacing previous committees with a single committee, the Commission on Safe Seas and Prevention of Pollution from Ships.\u00a0 It accelerates and simplifies provisions for the incorporation of international rules into EU legislation by allowing amendments to international rules to apply directly.\u00a0 The committee also reviews existing EU legislation on maritime safety and pollution prevention.<\/p>\n<p>An EU directive provides for a community vessel management monitoring and information system in order to enhance safety and minimise the environmental impact of shipping accidents.<\/p>\n<p>Operators of ships bound for a port in the EU must notify certain information at least 24 hours in advance where this is feasible.<\/p>\n<p>Ships built after 2002 must be fitted with an automatic identification system as well as a voyage data recorder equivalent to a black box to facilitate investigation of accidents. States had until 2007 to ensure that they have appropriate equipment and staff to use these systems and until 2008 to coordinate national systems with those of other states.<\/p>\n<p>Where there is dangerous or polluting goods on ships, the shipper must give a declaration containing the information, including details of the nature of the goods to the master or operator prior to taking the goods on board.\u00a0 The operator, agent, or a master must notify the information to the competent authority.<\/p>\n<p>States must take appropriate measures in accordance with international law to deal with incidents and accidents at sea.\u00a0 They must require the parties concerned, including the operator\/owner\/manager of the dangerous or polluting goods to cooperate fully in order to minimise the consequences of an incident.<\/p>\n<p>The master of the ship must immediately report any incident or accident affecting the safety of the ship which compromises shipping safety generally which may lead to pollution or any slick of polluting materials, containers or packages seen drifting at sea.<\/p>\n<p>Ships may be prevented from leaving or entering port in the event of poor weather conditions.\u00a0 States may be obliged to establish a place of refuge to recover a ship in distress.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Maritime_Traffic\"><\/span>Maritime Traffic<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Ships must comply with approved routing systems which cover sensitive areas, areas with high traffic density and areas dangerous for shipping and may be required to must use vessel traffic services.\u00a0 States with secure facilities must have the requisite human and technical resources,<\/p>\n<p>States must cooperate to ensure interconnection and interoperability of national information services.\u00a0 States must designate a competent port authority and coastal stations. Notification is required under the directive.<\/p>\n<p>There must be cooperation between the Commission and states in order to maintain and develop European monitoring control and information systems for maritime traffic.\u00a0 This includes the development of links between coastal stations and authorities.<\/p>\n<p>The European maritime safety agency assists in the improvement of management of shipping information. States must make regular checks on these systems and ensure penalties are in place as a deterrent for failures of compliance.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-1419\" data-postid=\"1419\" class=\"themify_builder_content themify_builder_content-1419 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->","protected":false},"excerpt":{"rendered":"<p>European Maritime Safety Agency The European maritime safety agency was established by regulation in 2002.\u00a0 The purpose of the agency is to provide states and Commissions with technical and scientific assistance to ensure proper application of EU legislation in maritime safety, monitor implementation and evaluate effectiveness. The agency assists the Commission in producing EU legislation [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[116,127],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1419"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=1419"}],"version-history":[{"count":6,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1419\/revisions"}],"predecessor-version":[{"id":18701,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1419\/revisions\/18701"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1419"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1419"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1419"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}