Resolutions of the Conference of Contracting
Governments to the International Convention
for the Safety of Life at Sea, 1974, adopted in

December 2002

Conference resolution 2
(adopted on 12 December 2002)

ADOPTION OF THE INTERNATIONAL CODE FOR THE SECURITY OF
SHIPS AND OF PORT FACILITIES

THE CONFERENCE,
HAVING ADOPTED amendments to the International Convention for the Safety of Life at Sea, 1974, as amended (hereinafter referred to as "the Convention"), concerning special measures to enhance maritime safety and security,

CONSIDERING that the new chapter XI-2 of the Convention makes a reference to an International Ship and Port Facility Security (ISPS) Code and requires that ships, companies and port facilities to comply with the relevant requirements of part A of the International Ship and Port Facility Security (ISPS) Code, as specified in part A of the ISPS Code, BEING OF THE OPINION that the implementation by Contracting Governments of the said chapter will greatly contribute to the enhancement of maritime safety and security and safeguarding those on board and ashore,

HAVING CONSIDERED a draft of the International Code for the Security of Ships and of Port Facilities prepared by the Maritime Safety Committee of the International Maritime Organization (hereinafter referred to as "the Organization"), at its seventy-fifth and seventy-sixth session, for consideration and adoption by the Conference,

1. ADOPTS the International Code for the Security of Ships and of Port Facilities (hereinafter referred to as "the Code"), the text of which is set out in the Annex to the present resolution;

2. INVITES Contracting Governments to the Convention to note that the Code will take effect on 1 July 2004 upon entry into force of the new chapter XI-2 of the Convention;

3. REQUESTS the Maritime Safety Committee to keep the Code under review and amend it, as appropriate;

4. REQUESTS the Secretary-General of the Organization to transmit certified copies of the present resolution and the text of the Code contained in the Annex to all Contracting Governments to the Convention;

5. FURTHER REQUESTS the Secretary-General to transmit copies of this resolution and its Annex to all Members of the Organization, which are not Contracting Governments to the Convention.

ANNEX

INTERNATIONAL CODE FOR THE SECURITY OF SHIPS
AND OF PORT FACILITIES

1. The Diplomatic Conference on Maritime Security held in London in December 2002 adopted new provisions in the International Convention for the Safety of Life at Sea, 1974 and this Code * to enhance maritime security. These new requirements form the international framework through which ships and port facilities can co-operate to detect and deter acts which threaten security in the maritime transport sector.

2. Following the tragic events of 11th September 2001, the twentysecond session of the Assembly of the International Maritime Organization (the Organization), in November 2001, unanimously agreed to the development of new measures relating to the security of ships and of port facilities for adoption by a Conference of Contracting Governments to the International Convention for the Safety of Life at Sea, 1974 (known as the Diplomatic Conference on Maritime Security) in December 2002. Preparation for the Diplomatic Conference was entrusted to the Organization's Maritime Safety Committee (MSC) on the basis of submissions made by Member States, intergovernmental organizations and non-governmental organizations in consultative status with the Organization.

3. The MSC, at its first extraordinary session, held also in November 2001, in order to accelerate the development and the adoption of the appropriate security measures established an MSC Intersessional Working Group on Maritime Security . The first meeting of the MSC Intersessional Working Group on Maritime Security was held in February 2002 and the outcome of its discussions was reported to, and considered by, the seventy-fifth session of the MSC in March 2002, when an ad hoc Working Group was established to further

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* The complete name of this Code is the International Code for the Security of Ships and of Port Facilities. The abbreviated name of this Code, as referred to in regulation XI-2/1 of SOLAS 74 as amended, is the International Ship and Port Facility Security (ISPS) Code or, in short, the ISPS Code. develop the proposals made. The seventy-fifth session of the MSC considered the report of that Working Group and recommended that work should be taken forward through a further MSC Intersessional Working Group, which was held in September 2002. The seventy-sixth session of the MSC considered the outcome of the September 2002 session of the MSC Intersessional Working Group and the further work undertaken by the MSC Working Group held in conjunction with the Committee's seventy-sixth session in December 2002, immediately prior to the Diplomatic Conference and agreed the final version of the proposed texts to be considered by the Diplomatic Conference.

4. The Diplomatic Conference (9 to 13 December 2002) also adopted amendments to the existing provisions of the International Convention for the Safety of Life at Sea, 1974 (SOLAS 74) accelerating the implementation of the requirement to fit Automatic Identification Systems and adopted new Regulations in Chapter XI-1 of SOLAS 74 covering marking of the Ship's Identification Number and the carriage of a Continuous Synopsis Record. The Diplomatic Conference also adopted a number of Conference Resolutions including those covering implementation and revision of this Code, Technical Co-operation, and cooperative work with the International Labour Organization and World Customs Organization. It was recognized that review and amendment of certain of the new provisions regarding maritime security may be required on completion of the work of these two Organizations.

5. The provision of Chapter XI-2 of SOLAS 74 and this Code apply to ships and to port facilities. The extension of SOLAS 74 to cover port facilities was agreed on the basis that SOLAS 74 offered the speediest means of ensuring the necessary security measures entered into force and given effect quickly. However, it was further agreed that the provisions relating to port facilities should relate solely to the ship/port interface. The wider issue of the security of port areas will be the subject of further joint work between the International Maritime Organization and the International Labour Organization. It was also agreed that the provisions should not extend to the actual response to attacks or to any necessary clear-up activities after such an attack.

6. In drafting the provision care has been taken to ensure compatibility with the provisions of the International Convention on Standards of Training, Certification and Watchkeeping and Certification for Seafarers, 1978, as amended, the International Safety Management (ISM) Code and the harmonised system of survey and certification.

7. The provisions represent a significant change in the approach of the international maritime industries to the issue of security in the maritime transport sector. It is recognized that they may place a significant additional burden on certain Contracting Governments. The importance of Technical Co-operation to assist Contracting Governments implement the provisions is fully recognized.

8. Implementation of the provisions will require continuing effective cooperation and understanding between all those involved with, or using, ships and port facilities including ship's personnel, port personnel, passengers, cargo interests, ship and port management and those in National and Local Authorities with security responsibilities. Existing practices and procedures will have to be reviewed and changed if they do not provide an adequate level of security. In the interests of enhanced maritime security additional responsibilities will have to be carried by the shipping and port industries and by National and Local Authorities.

9. The guidance given in part B of this Code should be taken into account when implementing the security provisions set out in Chapter XI- 2 of SOLAS 74 and in part A of this Code. However, it is recognized that the extent to which the guidance applies may vary depending on the nature of the port facility and of the ship, its trade and/or cargo.

10. Nothing in this Code shall be interpreted or applied in a manner inconsistent with the proper respect of fundamental rights and freedoms as set out in international instruments, particularly those relating to maritime workers and refugees including the International Labour Organization Declaration of Fundamental Principles and Rights at Work as well as international standards concerning maritime and port workers.

11. Recognizing that the Convention on the Facilitation of Maritime Traffic, 1965, as amended, provides that foreign crew members shall be allowed ashore by the public authorities while the ship on which they arrive is in port, provided that the formalities on arrival of the ship have been fulfilled and the public authorities have no reason to refuse permission to come ashore for reasons of public health, public safety or public order, Contracting Governments when approving ship and port facility security plans should pay due cognisance to the fact that ship's personnel live and work on the vessel and need shore leave and access to shore based seafarer welfare facilities, including medical care.