7 Port security
| (25717)
10124/04
COM(04) 393
| Amended draft Directive on enhancing port security
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| Legal base | Article 80(2) EC; co-decision; QMV
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| Document originated | 28 May 2004
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| Deposited in Parliament | 8 June 2004
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| Department | Transport
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| Basis of consideration | EM of 21 June 2004
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| Previous Committee Report | None; but see (25377) 6363/04: HC 42-xxii (2003-04), para 20 (9 June 2004)
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| To be discussed in Council | Not known
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| Committee's assessment | Politically important
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| Committee's decision | Cleared, but further information awaited
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Background
7.1 In September 2003 a draft Regulation to ensure consistent
and timely implementation across the EU of the new International
Maritime Organization (IMO) regime for maritime and port facility
security was debated in European Standing Committee A.[25]
One of the intentions underlying the Regulation is that port
facilities covered by the Regulation would have to carry out security
measures, based on assessments and plans, and appoint security
officers. But these requirements would be limited to the ship
and port interface — essentially the quayside. They would
not apply to other operational areas of ports.
7.2 Subsequently we cleared a draft Directive which
would require Member States to apply requirements similar to those
in the Regulation to port areas adjacent to port facilities covered
by that legislation. The draft Directive is likely to have a
greater impact on large multi-facility ports, with larger adjacent
operational areas. For many smaller ports the port facility boundary
will encompass the whole port and there will be few or no additional
security obligations under the Directive.[26]
The document
7.3 This document is an amended draft of the proposed
Directive which adds a new article, and accompanying recital,
to require Member States to ensure that Port Security Plans, on
the basis of a risk assessment, provide for adequate security
controls to be carried out on cars and goods vehicles embarking
on roll-on roll-off ferries. The Commission makes this additional
proposal following the Madrid bombings, the subsequent European
Council declaration and concerns expressed at a special Justice
and Home Affairs Council in March 2004.
The Government's view
7.4 The Parliamentary Under-Secretary of State, Department
of Transport (Mr David Jamieson) now tells us:
"The UK supports the new text in principle,
and in particular that measures should be taken in ports, since
in some cases, for example Cross-Channel ferries, the turn round
times are short and it is often impractical for the ships themselves
to carry out security controls in the time available without potentially
prejudicing the commercial viability of the service. However,
the government's view is that security controls should also be
carried out on passengers (both on foot and travelling in vehicles)
as well as cars and goods vehicles, on the basis of risk assessment,
as proposed by the Commission since they also pose a security
risk."
7.5 The Minister adds on the financial implications:
"There would be additional costs for carrying
out additional security controls on passengers and vehicles, but
they will only be undertaken where necessary following a risk
assessment. These costs have not so far been quantified, but
in the UK most ferry ports already carry out these security controls
in accordance with the Aviation and Maritime Security Act 1990,
so will not face additional costs. The benefit of including the
text in the Directive would be to ensure that reciprocal arrangements
would have to be considered in other Member States' ports where
they are not already undertaken. A Regulatory Impact Assessment
will be prepared as more information becomes available."
Conclusion
7.6 We note what seems a sensible addition to
this measure and clear the document. But we should like to see
the Regulatory Impact Assessment the Minister mentions, once produced.
25 Stg Co Deb, European Standing Committee A,
10 September 2003, cols. 3-22, and (24536) 8566/03: HC 63-xxix
(2002-03), para 2 (10 July 2003). Back
26
See headnote. Back
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