Rules of the People's Republic of China on the Security of Port Facilities (Revised in June, 2019)
Rules of the People's Republic of China on the Security of Port Facilities (Revised in June, 2019)
Rules of the People's Republic of China on the Security of Port Facilities (Revised in June, 2019)
Order of the Ministry of Transport of the People's Republic of China [2019] No.14
June 3, 2019
(Issued by the Ministry of Transport on December 17, 2007; revised for the first time in accordance with the Decision of the Ministry of Transport on Amending the Rules of the People's Republic of China on the Security of Port Facilities on September 2, 2016; revised for the second time in accordance with the Decision of the Ministry of Transport on Amending the Rules of the People's Republic of China on the Security of Port Facilities on June 3, 2019)
Chapter I General Provisions
Article 1 With a view to strengthening the port facility security, these Rules are formulated in accordance with the revised International Convention for the Safety of Life at Sea, 1974 (hereinafter referred to as the "SOLAS Convention"), the International Ship and Port Facility Security Code (hereinafter referred to as the "ISPS Code") and the International Maritime Dangerous Goods Code (hereinafter referred to as the "IMDG Code").
Article 2 These Rules shall apply to the port facility security serving passenger ships sailing along international routes, cargo ships of 500 gross tonnage and above and special-purpose ships of 500 gross tonnage and above as well as mobile offshore drilling rigs.
Article 3 For the purpose of these Rules, the following terms shall have the meanings as below:
1. ship-port interface activity refers to any interaction activity taking place between a ship and a port at the time of personnel exchange, cargo handling or acceptance of other port services;
2. port facility refers to any facility at a port where ship-port interface activities take place, including ferry terminals and their corresponding facilities as well as the port's public infrastructure such as navigation channel and anchorage;
3. ship-to-ship activity refers to the activity of transferring goods or personnel from one ship to another;
4. security incident refers to any suspicious act or circumstance that threatens the safety of any ship, port facility, ship-port interface activity or ship-to-ship activity;
5. security level refers to the risk level division of possible security incidents;
6. port facility security assessment refers to the activities conducted by the competent port administration of the place where a port is located (hereinafter referred to as "local port administration") through analyzing the port facility security status and putting forward relevant security measures and suggestions;
7. port facility security plan refers to the plan developed by the port facility operator or manager based on the relevant security assessment report to ensure that measures will be taken for protecting the port facility as well as ships, personnel, cargos, cargo transport units and ship's stores in the port facility from being threatened by security incidents;
8. port facility security supervisor, also known as port facility security officer, refers to the person designated by a port facility operator or manager to be responsible for developing, implementing, and adjusting the Port Facility Security Plan, and carrying out security liaison with ship security officers and shipping company security officers.
9. declaration of security refers to a written agreement concluded by a port facility and a ship to coordinate their respective security measures taken in case of the occurrence of any ship-port interface activity (see Appendix 1 for the style thereof);
10. alternative security agreement refers to any bilateral or multilateral security agreement concluded between the Chinese Government and any other Contracting Government to the SOLAS Convention on port facilities along fixed short-haul routes between them;
11. port facility security drill refers to any practice of part or all of the security measures and contingency response program specified in the Port Facility Security Plan;
12. port facility security exercise refers to any practice conducted through simulating security incidents with the participation of multiple units upon collaboration in accordance with the Port Facility Security Plan, with a view to testing and verifying, evaluating and improving the comprehensive response, coordination and cooperation abilities of security organizations and relevant departments at all levels as well as port facilities and personnel; and
13. port facility manager refers to the entity responsible for the management of public infrastructure of a port such as navigation channel and anchorage.
Article 4 The Ministry of Transport shall be in charge of the national port facility security work and perform the following duties:
1. developing and issuing systems and technical standards for national port facility security work;
2. determining and issuing port facility security levels and basic security measures for each port facility security level (see Appendix 2 for the content thereof) as well as security directives under the status of security level 3;
3. establishing a national port facility security management information system, collecting, sorting out and analyzing port facility security information and providing such information for relevant units as required, and as the case may be, informing the International Maritime Organization, Contracting Governments concerned and other pertinent domestic departments thereof;
4. organizing a spot check on the work of annual inspection and verification of the Port Facility Security Compliance Certificate (see Appendix 3 for the style thereof);
5. signing alternative security agreements; and
6. organizing nationwide port facility security exercises.
Article 5 Provincial transport (port) administrations shall be responsible for the port facility security work within their respective administrative regions and specifically perform the following duties:
1. issue upon approval the Port Facility Security Compliance Certificate;
2. conduct annual inspection and verification of the Port Facility Security Compliance Certificate;
3. collect, sort out, and analyze port facility security information and provide such information for relevant units; and
4. organize regional port facility security exercises.
Article 6 A local port administration shall perform the following duties:
1. organize port facility security assessments and subsequent revisions to assessment reports;
2. supervise and inspect the implementation of the Port Facility Security Plan;
3. collect, sort out, and analyze port facility security information and provide such information for relevant units;
4. organize local port facility security exercises;
5. conduct security assessments of the public infrastructure of the port under its management and prepare the Port Facility Security Assessment Report;
6. audit the Port Facility Security Plan and issue audit opinions for amendment to the relevant port facility operator or manager;
7. under the entrustment of competent provincial transport (port) administration, examine and verify the port facility security work in the previous year upon application for annual inspection and verification of the Port Facility Security Compliance Certificate and submitting examination and verification reports; and
8. supervise and inspect the collection and use of port facility security fees.
Article 7 A port facility operator or manager shall perform the following duties:
1. develop the Port Facility Security Plan and make subsequent revisions thereto;
2. implement the Port Facility Security Plan;
3. provide the conditions necessary for the port facility security supervisor to perform its duties;
4. implement the security directives issued by the Ministry of Transport under the status of security level 3;
5. collect, sort out, and analyze port facility security information and provide such information for relevant departments; and
6. conduct port facility security drills and participate in port facility security exercises.
The port facility operator shall collect port facility security fees as required.
Article 8 Port facility security is an important part of port safety management, and shall be taken into coordinated consideration together with port production and operation while following the principles of conservation, environmental protection and resource sharing.
The principal of a port facility operator or manager shall be responsible for leading its port facility security work.
Article 9 Relevant expenses for development and implementation of port facility security assessments and security plans shall be covered by port facility security fees.
Chapter II Security Level
Article 10 The Ministry of Transport shall determine the security levels of port facilities in light of relevant intelligence information, the situations at home and abroad and the factors that affect social and political stability, the credibility of threat information, the extent to which threat information is corroborated, the degree of specificity or urgency of threat information, and the potential consequences of security incidents.
Local transport (port) administrations at all levels may put forward suggestions to the Ministry of Transport on changing the security levels of port facilities.
Article 11 The security levels of port facilities are divided into three levels from low to high, respectively, security level 1, security level 2 and security level 3.
Security level 1 refers to the level at which minimum preventive security measures shall be maintained at all times.
Security level 2 refers to the level at which appropriate additional protective security measures shall be maintained for a period of time due to increased risk of security incidents.
Security level 3 refers to the level at which further special protective security measures shall be maintained for a limited period of time when a security incident is threatening or imminent (although perhaps no specific target may be determined yet).
Article 12 In the case of elimination of the basis for the Ministry of Transport to determine the security level of a port facility as level 2 or level 3, it is required to adjust the security level of the port facility in a timely manner.
Where it is determined to implement security level 3, the Ministry of Transport shall issue a security directive as appropriate if necessary and provide security-related information to the port facilities that may be affected.
Article 13 A port facility operator or manager shall, in light of the change of security level, promptly adjust its security measures based on the Port Facility Security Plan.
Under the status of security level 3, the port facility operator or manager shall implement the relevant security directive issued by the Ministry of Transport, and competent transport (port) administration of the corresponding province or autonomous region and the local port administration shall supervise the execution of the security directive.
Article 14 When changing the security level of any port facility, the Ministry of Transport shall, in light of the specific circumstances, promptly notify the competent transport (port) administration and maritime safety administrative agency as well as the port facility operator or manager in an appropriate manner.
Article 15 After receiving a decision on changing the security level of any port facility, the competent transport (port) administrations and maritime safety administrative agencies at all levels as well as relevant port facility operators or managers shall make a confirmation and report the corresponding measures taken.
Article 16 Where the security level of a ship planning to enter or stay in a port is higher than that of the port facility, the port facility security supervisor shall consult the ship security officer or corresponding shipping company security officer to assess the relevant situation, determine the security measures to be necessary and sign a Declaration of Security; the security level of a ship planning to enter or stay in a port shall not be lower than that of the port facility.
Article 17 A port facility operator or manager shall record relevant information in the process of changing the port facility security level as the reference basis for conducting port facility security assessment, preparing the Port Facility Security Assessment Report and developing (revising) and implementing the Port Facility Security Plan.
Chapter III Security Assessment
Article 18 A local port administration shall be responsible for port facility security assessment.
Article 19 Port facility security assessment shall be conducted in conformity with the port facility security assessment standards developed by the Ministry of Transport.
With respect to port facility security assessment, it is required to carry out on-site security inspection, which includes examination and assessment of existing security measures, procedures and operations of the relevant port.
Article 20 With respect to port facility security assessment, it is required to assess the following items:
1.
......
Order of the Ministry of Transport of the People's Republic of China [2019] No.14
June 3, 2019
(Issued by the Ministry of Transport on December 17, 2007; revised for the first time in accordance with the Decision of the Ministry of Transport on Amending the Rules of the People's Republic of China on the Security of Port Facilities on September 2, 2016; revised for the second time in accordance with the Decision of the Ministry of Transport on Amending the Rules of the People's Republic of China on the Security of Port Facilities on June 3, 2019)
Chapter I General Provisions
Article 1 With a view to strengthening the port facility security, these Rules are formulated in accordance with the revised International Convention for the Safety of Life at Sea, 1974 (hereinafter referred to as the "SOLAS Convention"), the International Ship and Port Facility Security Code (hereinafter referred to as the "ISPS Code") and the International Maritime Dangerous Goods Code (hereinafter referred to as the "IMDG Code").
Article 2 These Rules shall apply to the port facility security serving passenger ships sailing along international routes, cargo ships of 500 gross tonnage and above and special-purpose ships of 500 gross tonnage and above as well as mobile offshore drilling rigs.
Article 3 For the purpose of these Rules, the following terms shall have the meanings as below:
1. ship-port interface activity refers to any interaction activity taking place between a ship and a port at the time of personnel exchange, cargo handling or acceptance of other port services;
2. port facility refers to any facility at a port where ship-port interface activities take place, including ferry terminals and their corresponding facilities as well as the port's public infrastructure such as navigation channel and anchorage;
3. ship-to-ship activity refers to the activity of transferring goods or personnel from one ship to another;
4. security incident refers to any suspicious act or circumstance that threatens the safety of any ship, port facility, ship-port interface activity or ship-to-ship activity;
5. security level refers to the risk level division of possible security incidents;
6. port facility security assessment refers to the activities conducted by the competent port administration of the place where a port is located (hereinafter referred to as "local port administration") through analyzing the port facility security status and putting forward relevant security measures and suggestions;
7. port facility security plan refers to the plan developed by the port facility operator or manager based on the relevant security assessment report to ensure that measures will be taken for protecting the port facility as well as ships, personnel, cargos, cargo transport units and ship's stores in the port facility from being threatened by security incidents;
8. port facility security supervisor, also known as port facility security officer, refers to the person designated by a port facility operator or manager to be responsible for developing, implementing, and adjusting the Port Facility Security Plan, and carrying out security liaison with ship security officers and shipping company security officers.
9. declaration of security refers to a written agreement concluded by a port facility and a ship to coordinate their respective security measures taken in case of the occurrence of any ship-port interface activity (see Appendix 1 for the style thereof);
10. alternative security agreement refers to any bilateral or multilateral security agreement concluded between the Chinese Government and any other Contracting Government to the SOLAS Convention on port facilities along fixed short-haul routes between them;
11. port facility security drill refers to any practice of part or all of the security measures and contingency response program specified in the Port Facility Security Plan;
12. port facility security exercise refers to any practice conducted through simulating security incidents with the participation of multiple units upon collaboration in accordance with the Port Facility Security Plan, with a view to testing and verifying, evaluating and improving the comprehensive response, coordination and cooperation abilities of security organizations and relevant departments at all levels as well as port facilities and personnel; and
13. port facility manager refers to the entity responsible for the management of public infrastructure of a port such as navigation channel and anchorage.
Article 4 The Ministry of Transport shall be in charge of the national port facility security work and perform the following duties:
1. developing and issuing systems and technical standards for national port facility security work;
2. determining and issuing port facility security levels and basic security measures for each port facility security level (see Appendix 2 for the content thereof) as well as security directives under the status of security level 3;
3. establishing a national port facility security management information system, collecting, sorting out and analyzing port facility security information and providing such information for relevant units as required, and as the case may be, informing the International Maritime Organization, Contracting Governments concerned and other pertinent domestic departments thereof;
4. organizing a spot check on the work of annual inspection and verification of the Port Facility Security Compliance Certificate (see Appendix 3 for the style thereof);
5. signing alternative security agreements; and
6. organizing nationwide port facility security exercises.
Article 5 Provincial transport (port) administrations shall be responsible for the port facility security work within their respective administrative regions and specifically perform the following duties:
1. issue upon approval the Port Facility Security Compliance Certificate;
2. conduct annual inspection and verification of the Port Facility Security Compliance Certificate;
3. collect, sort out, and analyze port facility security information and provide such information for relevant units; and
4. organize regional port facility security exercises.
Article 6 A local port administration shall perform the following duties:
1. organize port facility security assessments and subsequent revisions to assessment reports;
2. supervise and inspect the implementation of the Port Facility Security Plan;
3. collect, sort out, and analyze port facility security information and provide such information for relevant units;
4. organize local port facility security exercises;
5. conduct security assessments of the public infrastructure of the port under its management and prepare the Port Facility Security Assessment Report;
6. audit the Port Facility Security Plan and issue audit opinions for amendment to the relevant port facility operator or manager;
7. under the entrustment of competent provincial transport (port) administration, examine and verify the port facility security work in the previous year upon application for annual inspection and verification of the Port Facility Security Compliance Certificate and submitting examination and verification reports; and
8. supervise and inspect the collection and use of port facility security fees.
Article 7 A port facility operator or manager shall perform the following duties:
1. develop the Port Facility Security Plan and make subsequent revisions thereto;
2. implement the Port Facility Security Plan;
3. provide the conditions necessary for the port facility security supervisor to perform its duties;
4. implement the security directives issued by the Ministry of Transport under the status of security level 3;
5. collect, sort out, and analyze port facility security information and provide such information for relevant departments; and
6. conduct port facility security drills and participate in port facility security exercises.
The port facility operator shall collect port facility security fees as required.
Article 8 Port facility security is an important part of port safety management, and shall be taken into coordinated consideration together with port production and operation while following the principles of conservation, environmental protection and resource sharing.
The principal of a port facility operator or manager shall be responsible for leading its port facility security work.
Article 9 Relevant expenses for development and implementation of port facility security assessments and security plans shall be covered by port facility security fees.
Chapter II Security Level
Article 10 The Ministry of Transport shall determine the security levels of port facilities in light of relevant intelligence information, the situations at home and abroad and the factors that affect social and political stability, the credibility of threat information, the extent to which threat information is corroborated, the degree of specificity or urgency of threat information, and the potential consequences of security incidents.
Local transport (port) administrations at all levels may put forward suggestions to the Ministry of Transport on changing the security levels of port facilities.
Article 11 The security levels of port facilities are divided into three levels from low to high, respectively, security level 1, security level 2 and security level 3.
Security level 1 refers to the level at which minimum preventive security measures shall be maintained at all times.
Security level 2 refers to the level at which appropriate additional protective security measures shall be maintained for a period of time due to increased risk of security incidents.
Security level 3 refers to the level at which further special protective security measures shall be maintained for a limited period of time when a security incident is threatening or imminent (although perhaps no specific target may be determined yet).
Article 12 In the case of elimination of the basis for the Ministry of Transport to determine the security level of a port facility as level 2 or level 3, it is required to adjust the security level of the port facility in a timely manner.
Where it is determined to implement security level 3, the Ministry of Transport shall issue a security directive as appropriate if necessary and provide security-related information to the port facilities that may be affected.
Article 13 A port facility operator or manager shall, in light of the change of security level, promptly adjust its security measures based on the Port Facility Security Plan.
Under the status of security level 3, the port facility operator or manager shall implement the relevant security directive issued by the Ministry of Transport, and competent transport (port) administration of the corresponding province or autonomous region and the local port administration shall supervise the execution of the security directive.
Article 14 When changing the security level of any port facility, the Ministry of Transport shall, in light of the specific circumstances, promptly notify the competent transport (port) administration and maritime safety administrative agency as well as the port facility operator or manager in an appropriate manner.
Article 15 After receiving a decision on changing the security level of any port facility, the competent transport (port) administrations and maritime safety administrative agencies at all levels as well as relevant port facility operators or managers shall make a confirmation and report the corresponding measures taken.
Article 16 Where the security level of a ship planning to enter or stay in a port is higher than that of the port facility, the port facility security supervisor shall consult the ship security officer or corresponding shipping company security officer to assess the relevant situation, determine the security measures to be necessary and sign a Declaration of Security; the security level of a ship planning to enter or stay in a port shall not be lower than that of the port facility.
Article 17 A port facility operator or manager shall record relevant information in the process of changing the port facility security level as the reference basis for conducting port facility security assessment, preparing the Port Facility Security Assessment Report and developing (revising) and implementing the Port Facility Security Plan.
Chapter III Security Assessment
Article 18 A local port administration shall be responsible for port facility security assessment.
Article 19 Port facility security assessment shall be conducted in conformity with the port facility security assessment standards developed by the Ministry of Transport.
With respect to port facility security assessment, it is required to carry out on-site security inspection, which includes examination and assessment of existing security measures, procedures and operations of the relevant port.
Article 20 With respect to port facility security assessment, it is required to assess the following items:
1.
......