Applying the Legal Provisions of the ISPS Code to Streamline Cooperation between Government Authorities Involved in Maritime Security Duties (original) (raw)

IL DIRITTO MARITTIMO - QUADERNI 8 An Overview of Transport Law Regulato ry Policies The Search for New Answers to Old Problems and Possible Solutions to the Challenges Posed by Technolo gical Evolution, the Pandemic, and Brexit, 2021

Abstract

This article analyses the application of the legal provisions established in the International Ship and Port Facility Security (ISPS) Code, to streamline and reorganize cooperation between Government agencies with maritime security tasks and responsibilities. It highlights the difficulties raised by the existence of a multiplicity of actors involved in maritime security and identifies barriers in attempts from the Designated Authority and Administrations to assign duties among all stakeholders to cope with maritime security threats and ensure compliance with maritime security guidelines. Three obstacles for an effective and efficient allocation of duties will be discussed within the framework of maritime security, focusing on the require-ments of the mentioned Code, which was incorporated into the International Convention for the Safety of Life at Sea (SOLAS), 1974 as amended, through chapter XI-2 on “Special Measures to Enhance Maritime Security”, that entered into force on July 1, 2004. These are: a) absence of public official and fully up-dated maritime security incident statistics; b) lack of awareness and knowledge about types of security incidents versus safety accidents, or the so called safety near-misses and; c) poor collaboration among State agencies concerning infor-mation sharing about specific security duties, a situation often generating dupli-cation of tasks and preventing relevant work to be considered into maritime se-curity management at different levels. The authors conclude that the production and official publication of maritime security incident statistics, as well as the establishment of procedures and processes for effective information sharing, along with clear specification for each agency involvement and necessary distribution to carry on the constant responsibility of managing security risks, are necessary to improve compliance of maritime security guidelines and give a step forward into securing the territorial sea and our oceans. Finally, the authors highly recommend that Governments and international institutions, including the European Union (EU) and particularly Eurostat, as the statistical office of the EU, starts the production and official publication of relevant statistics, with a clear distinction between maritime security incidents and maritime accidents.

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