IMO MEASURES TO ENHANCE MARITIME SECURITY. Outcome of the 2002 SOLAS conference. Information on the current work of the ILO

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1 INTERNATIONAL MARITIME ORGANIZATION E IMO MARITIME SAFETY COMMITTEE 77th session Agenda item 6 MSC 77/6/9 20 March 2003 Original: ENGLISH MEASURES TO ENHANCE MARITIME SECURITY Outcome of the 2002 SOLAS conference Information on the current work of the ILO Submitted by the International Labour Office Executive summary: Action to be taken: Paragraph 11 SUMMARY This paper outlines the current work by the ILO on seafarers identification and port security. The revision of the Seafarers Identity Documents Convention, 1958 (No. 108) will be on the agenda of the 91 st session (June 2003) of the International Labour Conference. The ILO is also revising its guidance on Safety and Health in ports. An ILO/IMO working group is expected to prepare draft guidance on the wider issues of port security. A meeting of experts is to be convened in December 2003 at the ILO in Geneva, to review and approve both the guidance on Port Security as well as on the Safety and Health in Ports Related documents: MSC 76/23 and SOLAS/CONF.5/34, resolution 8 I. Introduction 1 A tripartite delegation of the ILO attended the seventy-sixth session of the Maritime Safety Committee (MSC76) and the Diplomatic Conference of Contracting Governments to the International Convention for the Safety of Life at Sea (SOLAS),1974. The ILO submitted a comprehensive update on its work concerning seafarers identification and port security 1. In addition, the Executive Director, Social Dialogue, ILO presented a summary of this work to the Diplomatic Conference. II. Progress report on seafarers identification 2 The ILO is pursuing its work on improved security for seafarers identification with a view to adopting an international instrument which would provide for an identity document for seafarers that would meet the requirements for enhanced maritime security. 1 SOLAS/CONF.5/INF.2 For reasons of economy, this document is printed in a limited number. Delegates are kindly asked to bring their copies to meetings and not to request additional copies.

2 MSC 77/6/ The 91 st session of the International Labour Conference (June 2003) will consider a proposed instrument which will be contained in a report now being prepared by the International Labour Office. This report is expected to be distributed to Member States in April. It will include, in addition to the draft proposed text of a new instrument, summaries of the replies by Member States to a questionnaire on the possible contents of the draft instrument. The 91 st session (2003) of the International Labour Conference is expected to adopt the new instrument. 4 IMO has been invited to attend the Conference in accordance with the standard Conference procedures. III. Progress report on ILO action concerning Port security Addressing port security in the light of the Outcome of the 2002 SOLAS Conference. 5 The International Ship and Port Facility Security (ISPS) Code adopted in the framework of chapter XI-2 of SOLAS contains requirements that relate to the security of the ship and to the immediate ship/port interface. The overall security of port areas has been left to further joint work between the ILO and the IMO. Resolution No. 8, adopted by the Diplomatic Conference entitled: Enhancement of Security in Co-operation with the International Labour Organization (Seafarers Identity documents and Work on the wider issues of Port Security), called, inter alia, for the establishment of an ILO/IMO Working Group to undertake any further work, which may be required, on the wider issue of port security. Possible terms of reference for such a working group were adopted by that Conference. 6 To enable progress on the work required to address security issues beyond the ship/port interface, the ILO convened three informal meetings attended by the IMO and representatives from governments, industry and the ICFTU (representing workers). The first meeting was convened during the IMO s ISWG on 12 September 2002, the second at the headquarters of the International Transport Workers Federation (ITF), London on 3 October 2002 and the third in Madrid, Spain, February A final meeting of the informal working group will be convened at the ILO in Geneva from 23 to 25 April The meetings discussed details of the work to be undertaken to comprehensively address the security requirements of all port areas and adjoining areas. Based on the discussions which took place at these informal meetings, the ILO secretariat is developing a draft Guidance document for consideration of the ILO/IMO Working Group on Port Security, subject to the approval by the competent bodies of the two Organizations. 7 The ILO Governing Body has before it, for consideration at its 286 th session (March 2003) a paper prepared by the ILO secretariat on the Outcome of the IMO Diplomatic Conference on Maritime Security (London, 9-13 December 2002). The paper includes Resolution No.8 referred to above as well as the letter from the Secretary General of the IMO to the ILO Director General informing him of the results of the Diplomatic Conference and in particular referring to the invitation to the ILO and IMO to establish an ILO/IMO Working Group to undertake any further work which may be required on wider issues of port security. 8 It should be recalled that the ILO Governing Body at its 283 rd (March 2002) and 285 th (November 2002) sessions considered and approved a Meeting of Experts on Security, Safety and Health in Ports. This meeting will be convened in Geneva from 8 to 12 December The 286 th session (March 2003) of the ILO Governing Body has thus been invited to approve the setting up of the ILO/IMO Working Group on Port Security with the following composition:

3 - 3 - MSC 77/6/9 four Worker and four Employer representatives, nominated by the ILO Governing Body, and eight Government representatives nominated by the IMO in consultation with the ILO. 9 It is expected that the result of the work of the ILO/IMO Working Group on Port Security would be considered by the ILO Meeting of Experts on Security, Safety and Health in Ports referred to in paragraph 8 above. A separate working group of that meeting of experts could consider the draft guidance document on port security. The results of the ILO Meeting of Experts will be submitted for approval to the ILO Governing Body at its 289 th session (March 2004) and to the seventy-eighth session of the MSC (May 2004). It is expected that the guidance document on port security will be published in time to coincide with the entry into force of the 2002 amendments to SOLAS (July 2004). 10 In view of the timing of the various meetings, the ILO is of the view that it would be important and timely for the MSC at its present session to provide any further guidance that it may wish the Joint Working Group to consider. A draft outline of the guidance document on port security, on which work is progressing, is attached for consideration. IV. Action requested of the Committee 11 The Committee is invited to:.1 take note of the progress made by the ILO in addressing enhanced security for seafarers identification;.2 take note of the work of the ILO on the wider issue of port security and to nominate, for purposes of the Joint ILO/IMO Working Group on Port Security, eight Government representatives keeping in mind that the composition of the Government representatives should comprise persons with relevant experience from the port sector; and.3 provide to the Joint ILO/IMO Working Group, which is scheduled to be held at the ILO in Geneva from 9-11 July 2003, any further guidance which it may consider appropriate to advance the work to be undertaken by the Working Group. ***

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5 MSC 77/6/9 ANNEX The following are the main areas and issues to be included in the guidance document under preparation for consideration by the ILO/IMO Working Group: 1. The Code of Practice (COP) (guidance document) would not to be prescriptive. The approach will be to identify tasks and roles rather than responsibilities. 2. The COP will not duplicate the IMO ISPS Code, but may be referenced, as appropriate. 3. The ISPS Code terminology and definitions will be used as far as they apply or are common to the COP requirements. 4. The objective of the COP to provide a Framework to identify a comprehensive port area security strategy and countermeasures commensurate with identified security threats. 5. The ISPS Code covers Port Facilities. The port area security COP will not provide guidance on the implementation or interpretation of the ISPS Code. 6. The Port or Port Area may comprise one or more Port Facilities as defined in the ISPS Code. 7. The COP guidelines should be designed to show how to identify security threats and risks based on assessment of vulnerability and consequences, to co-ordinate resources to minimize and where possible eradicate risks and their consequences and to define and implement procedures to communicate actions and responses. 8. The port security strategy should be developed and implemented by all port stakeholders. 9. The guideline document should include status of and response to security levels and changes to security levels. 10. The COP should take account of other preventative and consequence management systems and other related rules, regulations and best practices used to deter (prevent) or minimize security risks. 11. The COP should pursue its objectives through the port security committee, security assessments, port security plans and port security officers. 12. The COP should cover all port areas. 13. The COP will provide for a Port Security Committee. Membership of a Port Security Committee should include port security stakeholders governmental institutions, workers, employers, private sector, industry, supported by local and national security, police and emergency services who should be included in the membership, as appropriate. 14. The Port Security Committee should act as a consultative and advisory body to (as appropriate, but not limited to) assist and advise on the port security assessment and plan, implement measures in the port security plan (not the port facility plan), act as a

6 MSC 77/6/9 ANNEX Page 2 mechanism for sharing information, to provide feedback on implementation/testing and training of the port security plan including updates and to co-ordinate and communicate the port security policy, strategy, and security countermeasures. 15. Due consideration should be given to classified material and proprietary information contained in the port security assessment and plan to protect members security and commercial interests. 16. The port security plan should address security aspects of the port area not already specifically addressed in the port facility security plan under the ISPS Code. 17. The plan should detail the security measures to be implemented in the port area relative to the three security levels, based on the port security assessment. 18. The plan should include perimeter protection, measures in respect of access control to areas not addressed in the ISPS code, vetting, training, drills/exercises, cargo handling/control, contact points, passenger aspects, interfacing with other plans impacting on the port area e.g. disaster and emergency and/or hazardous material response and evacuation plans. 19. The plan should identify those functions or areas within the port where access should be restricted on security grounds. In these cases an access control system should be in place whereby only those persons that need access to these facilities or areas can gain such access. Where identification systems are used, holders should receive security clearance to a level determined by the competent authority. 20. The COP guidance document should explain risk assessments, what they are intended to do with some guidance on how to do them and some guidance on what to do with the results of risk assessments. (Example: US Coast Guard Notice enclosure 3 and also the wording in part B of the ISPS Code). 21. Guidance on the role and responsibilities of the Port area Security Officer. 22. It should borne in mind that the COP is also for the benefit of developing countries.