International Maritime Organization (IMO) and International Ship and Port Facility Security (ISPS) Code.
In the 22nd Assembly of the International Maritime Organisation (IMO) its members unanimously agreed to take measures relating to the protection of ships and port facilities.
The Conference of Contracting Governments of The International Convention for the Safety of Life at Sea (SOLAS) 1974 adopted the resolutions on the Amendments to the Appendix of the Convention (Chapters V and XI-2) and The International Ship and Port Facility Security (ISPS) Code.
The latest triggers for the adoption of measures for the protection of ships and port facilities by the IMO were the tragic events that occurred at the World Trade Centre "Twin Towers" on 11 September 2001, preceded by other events such as that suffered by the Indonesian freighter Inabukwa (2001), which disappeared with its cargo, taken by pirates; the US warship Cole (2000), attacked by a boat with explosives; the freighter Alondra Rainbow (1999), which disappeared after a pirate attack; Cheung Son (1998), attacked by pirates; the Tennyu (1998), hijacked by pirates; the Petro Ranger (1998) also subject of piracy and the Italian liner "Achille Lauro (1985), which was hijacked during a cruise. To these one must add the attack on the World Trade Centre (in 1993); the wave of terrorist bombings in Mumbai (1993) and the terrorist attack on the flight PAN-AM 103 (1998) and more recently the attack on the ship Limburg (2002) and the Han Wei, attacked by pirates (2002), as well as the sad Bali bombing and many more.
Various criminal acts are of interest and fall within the scope of this code: terrorism, smuggling, cargo theft, stowaways and illegal immigration, piracy and so-called "collateral damage" due to fires or explosions on ships and in port facilities, regardless of whether or not they were intentional. The protection of port facilities and ships therefore focuses on: preventing access by unauthorised persons; preventing unauthorised weapons; avoiding illicit drugs and contraband; preventing theft and sabotage and as a result the active preventive protection of the security of ships and port facilities.
International Ship and Port Facility Security Code (ISPS) Royal Decree 1617/2007
Regulation (EC) No. 725/2004 of the European Parliament and of the Council, of 31 March 2004 on the enhancing ship and port facility security, is the legal standard applicable in the European Economic Area arising from the amendments to the Appendix of the SOLAS Convention (chapters V and XI -2), or The International Ship and Port Facility Security (ISPS) Code. The aforementioned European Regulation constitutes a partial set of measures needed to achieve the desired level of protection in the maritime transport chain since it is limited to protection measures applicable to ships and the immediate ship-port interface.
In order to achieve a higher level of protection in the maritime port area, the European Union considered the need to introduce extra protection measures in addition to those already specified for port facilities, ships and the ship-port interface, whose scope covers the rest of port areas and even, if necessary, certain areas outside and adjacent to the port. For the aforementioned purposes Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing port security was approved, and its transposition into Spanish law was carried out through Royal Decree 1617/2007, of 7 December, which establishes measures for enhancing the protection of ports and maritime transport.
Port security advisory committee.
The Port Security Advisory Committeeis organised pursuant to the provisions of Royal Decree 1617/2007 of 7 December and in Pasaia Port it was established on 11 March 2009.
The Pasaia Port Security Advisory Committee has among its members those representing the Port Authority itself, as the port security authority, who act as chairman and secretary of the Committee. It also has representatives of various pubic bodies as committee members: Maritime, Customs, Civil Protection, Health Control, Government Delegation, State Security Bodies and Forces, Naval Command and Autonomous Police.
The functions of the Port Security Advisory Committee are as follows:
a) To approve its internal operating rules.
b) To develop procedures and protocols for cooperation and coordination among participating agencies and entities, and between them and the rest of the agencies and entities affected or interested in the issue of the security of ships, port facilities and ports.
c) To propose suggestions and recommendations on maritime security to the competent national authority in order to improve the security of maritime transport, ships, port facilities and ports.
e) To issue a report on the assessment and plan for port protection and its amendments, prior to their approval.
f) To assist the port security authority in crisis situations.
g) To assist in the planning and carrying out of exercises and practices for the protection of the port facilities and ports.
Port Security Officer (PSO)
The Pasaia Port Security Officer is appointed by order of the President of the Port Authority dated 6 February 2009. A member of the Advisory Port Security Committee with the right to speak and vote, this person also acts as Secretary to this committee.
The appointment of the port security officer corresponds to the Port Authority in its role as Port Security Authority and, in accordance with RD 1617/2007, it assigns the person their duties and responsibilities among which is the performance of the function of being the point of contact for matters relating to the protection of Pasaia Port.
Port Facilities Security Officer (PFSO) for facilities directly managed by the Port Authority
In addition, Pasaia Port Authority has a Security officer for those port facilities that are directly managed, or in other words, for those port facilities not assigned under concession which are covered by the ISPS Code and Regulation (EC) No 725/2004 of European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security.