Hearing response
Consultation response to executive orders on the security of port facilities and ports
Danske Havne thanks you for the opportunity to comment on the executive order on securing port facilities and the executive order on securing ports
In order to qualify the consultation response, Danske Havne has sent it for comment to our members in Danske Havne.
In general, Danish Ports acknowledges that the rules for approval of vulnerability assessments and security plans must be revised based on the EU Commission's inspection in December 2018, which states that consultants or ports that prepare vulnerability assessments must be recognized security organizations (RSO) that have been delegated competence from the Danish Transport, Construction and Housing Authority (TBST).
Danish Ports assess that the executive orders only set the overall framework for the security of ports and port facilities. The biggest concern for the Danish ports therefore lies in the Danish Transport, Construction and Housing Authority's interpretations of the requirements for RSO approval, which is available in a draft guidance document - "Approval of recognized security organizations".
Danske Havne looks forward to the development of templates for vulnerability assessments and security plans, which will facilitate the work for both ports (possibly security consultants) and TBST
Rule simplification:
- Danske Havne believes that ports should be able to be approved as RSOs, as the ports know the ships, companies and areas on the
port, which also contributes to better vulnerability assessments and security plans.
This means that TBST should not over-interpret the rules to impose strict unnecessary requirements for being approved as an SRO. This applies, for example, in relation to: Independence from the port's finances Independence from the port's operations Independent CVR no. for RSO organization.
- Danish Ports fears that an over-interpretation of the rules in the EU regulation may contribute to very large costs for Danish ports in terms of training, courses and consultancy time. Against this background, we want there to be rules in relation to RSO approval so that ports can become RSOs without very large additional costs for training/staff. And that the costs of any RSO consultants do not increase dramatically due to a small supply of RSOs in Denmark and therefore high prices.
- Danske Havne believes that TBST can advantageously merge the executive orders into 1 executive order. This would make it easier for ports with multiple port facilities to administer.
- Danish Ports assesses that EU Regulation No. 725/2004 of March 31, 2004 on enhancing ship and port facility security could be in need of revision. In the real world, it does not make sense that the same RSO cannot both prepare vulnerability assessments and approve security plans.
- Danish Ports believes that vulnerability assessments/security plans should be reassessed and not expire, as stated in article 10 of Directive 2005/65/EC of the European Parliament and of the Council of October 26, 2005 on enhancing port security. The directive simply states that vulnerability assessments/security plans should be reviewed as necessary and at least every 5 years. It will thus facilitate the work for all partners if the expiry date is changed to reassessed.
Specific comments on the amendments Executive Order on security of port facilities:
§4 It is appropriate for the planning of port facilities and ports that this section contains a point that specifies the time period within which the Danish Transport, Construction and Housing Authority must have processed a submitted vulnerability assessment. Proposal see also section 7, subsection
3: The port submits the vulnerability assessment for a port facility for approval by the Danish Transport, Construction and Housing Authority, which decides on approval no later than 3 months after receipt of an application for approval of a vulnerability assessment if it meets the requirements of this Executive Order."
Paragraph 8 - A vulnerability assessment expires after 5 years. Is there a basis for 5 years and should it expire? The vulnerability assessment must be continuously revised if changes occur, cf. the executive order. Danish Ports suggest that the text be changed, vulnerability assessments must be reassessed as needed and at least every 5 years, cf. the EU regulation. §5 It should be clarified in which cases TBST can decide to prepare vulnerability assessments.
§8 Danish Ports propose that the text be changed to: The port security plan is reassessed after 8 years, cf. comments to §4.
§ 9 (3). A port is a dynamic place where expansions and changes are continuously made to adapt the port to the transportation needs. When the port starts an expansion, the port does not always know the final details until well into the work. It is therefore both difficult and expensive for ports to get pre-approval of the vulnerability assessment before changes to a port are initiated.
§10(4). See note §9 (3).
§15(5) how long should this log be kept for? Is it 3 years as seems to be the standard for other documents?
§21. paragraph 3. See the general comments on RSO not approving security plans
§The security organization should be reassessed every 8 years, cf. comments to §4.
§33. Danske Havne believes that there should be a right of appeal for decisions made by TBST under this executive order, similar to decisions under the Executive Order on the Working Environment Act. In other words, an independent appeals board.
Executive Order on Port Security
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§5 It is appropriate for the planning of port facilities and ports that this section contains a point that specifies the time period within which the Danish Transport, Construction and Housing Authority must have processed a submitted vulnerability assessment. Proposal see also section 7(3): The port shall submit the vulnerability assessment for a port facility for approval by the Danish Transport, Construction and Housing Authority, which shall make a decision on approval no later than 3 months after receipt of an application for approval of a vulnerability assessment if it meets the requirements of this Executive Order."
Paragraph 6. A vulnerability assessment expires after 5 years. Is there a basis for 5 years and should it expire? The vulnerability assessment must be continuously revised if changes occur, cf. the executive order. Danish Ports suggest that the text be changed, vulnerability assessments must be reassessed as needed and at least every 5 years, cf. the EU regulation.
§6. It should be clarified in which cases TBST can decide to prepare vulnerability assessments.
§Section 8 - The possibility of "Equivalent Security Arrangements" It should be further clarified when this can be used.
§16.4 - is it possible to make multiple calls with the same vessel, but within a given period of time §16.7 - is it possible to make a declaration of accession that is valid for the same vessel for a given period of time (e.g. a resident fishing vessel must land fish within an ISPS facility for a period of time. Can you make ONE declaration of accession for this vessel for this period or do you have to make one for EACH call?)
§17(8) - how long should this log be kept? Is it 3 years as seems to be the standard for other documents?
§27 (3) - Can the email address created be made into a secure email so that it will be possible to send confidential information, including PSA/PFSA-PSP/PFSP, to this email instead of via E-boks?
§37. Danske Havne believes that there should be a right of appeal for decisions made by TBST under this executive order, similar to decisions under the Executive Order on the Working Environment Act. In other words, an independent appeals board.
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Conditions as a recognized security organization, appendix 3 and appendix 1, respectively, in the executive orders on security of port and port facilities. Danish Ports Association looks forward to the guidelines for the recognition of security organizations. Danske Havne believes that the guidance should help to guide port and security consultants safely through the process of becoming an approved RSO. This means that there can be dialogue during the start-up process, and that there are no hidden uncertainties such as independence from the port's finances, independence from the port's operations and independent CVR number for the RSO organization, which contribute to a long and cumbersome application process.
Danske Havne is available if there is a need for further dialog or more detailed answers in the future.
