(adopted on 19 May 2006)
The Maritime Safety Committee decided that:
1 For the purpose of this Scheme:
.1 “Gross tonnage” means the gross tonnage of the ship as determined under the provisionsoftheInternationalConventionontheTonnageMeasurementofShips, 1969 and shown on the International TonnageCertificate (1969) of the ship;
.2 “Requirements”meanstherequirementsofSOLASchapterXI-2andpartAofthe ISPS Code, taking into account the guidance given in part B of the ISPS Code;
.3 “Specialpurposeship”meansaspecialpurposeshipasdefinedintheSPSCode, irrespective of the date on which the keel of the ship was laid, of 500 gross tonnage and upwards engaged on international voyage which has not been required by the Administration to comply with the Requirements; and
.4 “SPS Code” means the Code of Safety for Special Purpose Ships which is annexed to resolution A.534(13) as amended1.
2 TermsnototherwisedefinedinthisSchemeshallhavethesamemeaningasthemeaning attributed to themin SOLAS chapters I and XI-2 or the ISPS Code.
3 Special purpose ships, other than those owned or operated by a SOLAS Contracting Government(ContractingGovernment)andusedonlyonGovernmentnon-commercialservice and Companies operating such ships which have not been required to comply with the Requirements shall comply with the Requirements by not later than 1 July 2008.
4 Until 30 June 2008, special purpose ships not complying with the Requirements whilst within a port facility which is required to comply with the Requirements shall acknowledge the measures to enhance maritime security established by the Contracting Governmentwithinwhose territorytheportfacilityislocatedand,irrespectiveoftheprovisions ofSOLASregulation XI-2/10.32 (relatingtothesubmissionoftheDeclarationofSecurity) and sections A/5.1 and A/5.2 of the ISPS Code, shall request a Declaration of Security3 as from1 October2006.ContractingGovernmentsareurgedtofacilitatesuchrequestsandtoissue appropriateguidanceonthisSchemetoportfacilitieslocatedwithintheirterritories.Iftheport facility security officer refuses the request of the ship for a Declaration of Security then the specialpurposeshipshallusetheDeclarationofSecurity4 torecordthesecuritymeasuresthatit hastakenandshallcompleteandsign,onbehalfoftheshipalone,theDeclarationofSecurity.If the special purpose ship does not have a designated ship security officer, the Declaration of Security shall be concluded by the master.
5 IfanAdministrationhasissuedtoaspecialpurposeshipentitledtoflyitsflagastatement attestingthattheshipisnotrequiredtocomplywiththeRequirements,thatstatementshallbe withdrawnandcancelled.AnAdministrationmayissuetoaspecialpurposeshipentitledtofly
itsflag,whichitdidnotrequiretocomplywiththeRequirements,astatementattestingthatthe ship is subject to the provisions ofthis Scheme.
6 Without prejudice to the provisions of SOLAS regulation XI-2/2.2 to XI-2/2.2.1, port facilities which have not been required by the Contracting Government within whose territory theyarelocatedtocomplywiththeRequirementsbecausetheyservespecialpurposeshipsshall comply with the Requirements not later than 1 July 2008.
7 Specialpurposeshipswhich,onthedateofadoptionofthisScheme,wereholdingeither avalidInternationaloravalidInterimInternationalShipSecurityCertificateshallnotbeentitled to any benefits under this Scheme and shall maintain compliance with the Requirements. In addition, port facilities serving special purpose ships which on the date of adoption of this Scheme were implementing security measures in accordance with an approved port facility security plan shall not be entitled to any benefits under this Scheme and shall maintain compliance with the Requirements.
8 ContractingGovernmentswhenexercisingcontrolandcompliancemeasurespursuantto theprovisionsofSOLASregulationXI-2/9inrelationtospecialpurpose shipsshalladheretothe provisions of this Scheme5.
9 Contracting Governments may, when implementing this Scheme, conclude written bilateralormultilateralagreementswithotherContractingGovernmentsonalternativesecurity agreementscoveringspecialpurposeshipsoperatingonshortinternationalvoyagesbetweenport facilitieslocatedwithintheirterritories. Anysuchagreementshallnotcompromisethelevelof security of other ships or of port facilities not covered by the agreement.
10 This Scheme shall cease to apply on 1 July 2008
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1 AsamendedbyMSCcirculars446,478and739andresolutionMSC.183(79).MSC/Circ.739includednew amendments to the SPS Codeand consolidates theones adopted undercover ofMSCcirculars446 and 478.
2 ThisprovisionimpliesthatneithertheContractingGovernmentnortheportfacilityconcernedhavetherightto
declinetheconclusionofaDeclarationofSecuritywhenaspecialpurposeshipmakesarequesttothisendand that the ship isobligedtoconcludeonewhenit is requestedto do so.
3 ParagraphB/16.56.2oftheISPSCoderecommendsthattheportfacilitysecurityplan(PFSP)shouldestablish detailsoftheproceduresand securitymeasuresthe port facilityshouldapplywhenit isinterfacing witha shipto
whichthe ISPS Codedoesnot apply.
ParagraphB/16.57oftheISPSCoderecommendsthatthePFSPshouldestablishtheprocedurestobefollowed when on the instructions of the Contracting Government the port facility security officer (PFSO) requests a DeclarationofSecurity orwhen aDeclarationof Security is requested by a ship.
If the approved PFSP already includes appropriate provisions to this end then those security measures and procedures shouldbe applied unless the Contracting Governmentconcerneddecidesotherwise.IfthePFSP does not contain such provisions, then the PFSO should contact the authorities who approved the PFSP and the authorities responsible forthe exercise ofcontroland compliancemeasure pursuant toSOLASregulationXI-2/9 and seektheiradviceandguidance.
4 For the purposes of SOLAS regulation XI-2/9, it is recommended that special purpose ships to which this
SchemeappliesretaintheDeclarationsofSecurityforthelasttenportsofcall. Theshipshouldstartretaining the Declarations of Security as from1October2006.
5 In the event of the ship being refused a Declaration of Security, Declarations of Security which have been completedandsignedonbehalfoftheshipaloneshouldbeacceptedasbeingequallyvalidtoDeclarationsof
Security concluded between a shipand aport facility.