Audible response
Consultation response to executive orders on securing port facilities and ports
Danish Ports thanks for the opportunity to comment on the Executive Order on Security of Port Facilities and Executive Order on Port Security
To qualify the consultation response, Danske Havne has sent it for comment to our members in Danske Havne.
In general, Danish Ports recognizes 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 preparing 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 out a general framework for the security of port 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Construction and Housing Authority's interpretations of the requirements for RSO approval, which are available in a draft guidance - "Approval of recognized security organizations".
Danish Ports looks forward to the development of templates for vulnerability assessments and security plans, it will facilitate the work for both ports (possibly security consultants) and TBST
Rule simplification:
- Danish Ports believes that ports should be able to be approved as RSOs, as the ports know ships, companies and the 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 and unnecessary requirements to be approved as an SRO. This applies, for example, in relation to: Independence of the port's finances Independence of the port's operations Independent CVR no. for RSO organization.
- Danish Ports fear that an over-interpretation of the rules in the EU regulation can lead to very high costs for Danish ports in terms of training, courses and consultant time. Against this background, we want there to be rules in relation to RSO approval, so that ports can become RSO without very large additional costs for training/personnel. And that the costs for any RSO consultants do not increase dramatically due to a small supply of RSOs in Denmark and therefore high prices.
- Danish Ports believes that it would be beneficial for TBST to merge the executive orders into 1 executive order. This would make it easier for ports with multiple port facilities to administer.
- Danish Ports believes that EU Regulation No. 725/2004 of March 31, 2004 on enhancing ship and port facility security could use a 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 26 October 2005 on enhancing port security. The directive simply states that vulnerability assessments/security plans should be reassessed 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 the security of port facilities:
§It is appropriate for the planning of port facilities and ports that this section contains an item specifying the timeframe within which the Danish Transport, Construction and Housing Authority must have processed a submitted vulnerability assessment. Proposal see also §7 paragraph.
3: The port submits the vulnerability assessment for a port facility for approval to the Danish Transport, Construction and Housing Authority, which makes 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 in this Executive Order."
Paragraph 8 - A vulnerability assessment expires after 5 years. Is there a background 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 is 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 Danske Havne proposes that the text be changed to: The port security plan is reassessed after 8 years, cf. comments to §4.
§ Section 9 (3). A port is a dynamic place where expansions and changes are continuously made to adapt the port to transportation needs. When the port starts an expansion, it is not always that the port knows the final details until well into the work. Therefore, it is both difficult and expensive for ports to get a pre-approval of the vulnerability assessment before changes to a port are initiated.
§10 paragraph 4. See remark §9 paragraph 3.
§15 paragraph 5 how long should this log be kept? Is it 3 years as seems to be standard for other documents?
§21.3. See the general remarks about RSOs not being allowed to approve security plans
§The security organization should be reassessed every 8 years, see comments to §4.
§33. Danish Ports believes that there should be a right of appeal for decisions made by TBST according to this executive order, similar to decisions according to the Danish Working Environment Act. In other words, an independent appeals board.
Executive Order on Port Security
4
§5 It is appropriate for the planning of port facilities and ports that this section contains an item specifying the timeframe within which the Danish Transport, Construction and Housing Authority must have processed a submitted vulnerability assessment. Proposal see also §7(3): The port sends the vulnerability assessment for a port facility for approval to the Danish Transport, Construction and Housing Authority, which makes a decision on approval within 3 months of receipt of an application for approval of a vulnerability assessment if it meets the requirements of this Executive Order."
A vulnerability assessment expires after 5 years. Is there a background 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 is 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.
§8 - The possibility of "Equivalent security arrangements" It should be further clarified when this can be used.
§16.4 - is it possible to make several 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 (e.g. a resident fishing vessel must land fish within an ISPS facility for a period. Is it possible to make ONE declaration of accession for this vessel for this period or do you have to make one for EVERY call)
§17 paragraph 8 - how long should this log be kept? Is it 3 years as seems to be standard for other documents?
§27 paragraph 3 - Can the email address that is 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. Danish Ports believes that there should be a right of appeal for decisions made by TBST according to this executive order, similar to decisions according to the Danish Working Environment Act. In other words, an independent complaints board.
5
Conditions as a recognized security organization, Annex 3 and Annex 1 of the Executive Orders on Security of Ports and Port Facilities, respectively. Danish Ports looks forward to the guidance for the approval of security organizations. Danish Ports believes that the guidance should help to guide port and security consultants safely through the process of becoming a recognized RSO. This means that there can be dialogue during the start-up, and that there are no hidden uncertainties such as independence of the port's finances, independence of the port's operations and independent CVR no. for the RSO organization, which contribute to a long and cumbersome application process.
Danske Havne is available if further dialog or more detailed answers are needed in the future.