Key Benefits:
Law of 6 July 2004 implementing Regulation (EC) No 1482004 European Parliament and the Council of the European Union of 31 March 2004 on the improvement of the security of ships and port facilities (PbEU L 129), as well as of other acts of international organisations with a view to improving the security of vessels and port facilities (PBEU L 129). concerning the protection of ports (Port of Haven-Security Act)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have considered that it is necessary to give effect to Regulation (EC) No 148/EC 725/2004 of the European Parliament and of the Council of the European Union of 31 March 2004 on the improvement of the security of ships and port facilities (PbEU L 129), as well as that it is desirable to establish a legal basis for the implementation of of conventions or of acts of one or more institutions of the European Union, whether collectively or not, relating to the security of port facilities or to the security of ports;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
a. Regulation: Regulation (EC) No 148/EC 725/2004 from the European Parliament and the Council of the European Union of 31 March 2004 on the improvement of the security of ships and port facilities (PbEU 129);
(b) Directive: the Directive designated by our Minister;
c. port facility: port facility as referred to in Article 2, 11th paragraph, of the Regulation and Article 3, third paragraph, of the Directive;
d. Manager of a port facility: natural or legal person who has a port facility in management;
e. Port security certificate: certificate as intended Article 7, first paragraph ;
(f) port: any territory consisting of land and water, with works and facilities for commercial transport by sea, designated under the conditions of Article 1a, second paragraph ;
g. port-related area: in the immediate vicinity of a port area or object, of which disturbance of direct influence is, or may be, on the safety of a work or supply for commercial transport by sea, designated Under Article 1a, third paragraph ;
h. Security level: one of the safety levels referred to in Article 8 (2) of the Directive;
Port security assessment: a port security assessment as referred to in Article 6, first paragraph, of the Directive;
j. port security plan: a port security plan as referred to in Article 7, first paragraph, of the Directive;
k. Our Minister: Our Minister of Transport and Water.
1 This Act shall apply to:
a. A port in which a port facility is located; and
b. Port-related area,
with the exception of military installations.
2 Our Minister, by decision, points to ports.
3 Our Minister may appoint a port-related area by decision.
4 Our Minister shall take into account the results of the port security assessment in the designation of a port and port related area.
5 A decision referred to in the second or third paragraph shall be sent by Our Minister to the relevant authority for port security.
1 As competent authorities for maritime security referred to in Article 2, seventh paragraph, of the Regulation:
a. The Mayor for the tasks, intended in the Articles 4 to 10 and 17, second paragraph ;
b. Our Minister of Justice for the task, named in Article 12 , and
c. Our Minister for the other tasks.
2 The competent authorities referred to in paragraph 1 shall be responsible for the performance of the tasks, as well as the fulfilment of the obligations incumbent upon him under the Regulation, each of which has been entrusted to it.
1 In the communes with one or more port facilities, the Mayor shall be the competent authority for the implementation of Article 7, first, third and fifth paragraphs, of the Regulation and Regulation 10 (2) and (3) of Annex II. I, sections 5.4, 2, 15 and 16 of Annex II and parts 1.16, 4.1, 4.2, 4.14, 4.15, 4.16, 4.18, 15.3, 15.4, 15.6, 16.3, 16.8, 17.1, 18.5 and 18.6 of Annex III to the Regulation in so far as they relate to port facilities.
2 Where a port facility is located in the territory of more than one municipality, the function of the competent authority for port security is fulfilled by the mayor of the municipality in which most of the area is Port facility is located.
Our Minister is the authority for port security referred to in Article 3 (4) of the Directive.
1 The mayor of a municipality in which a port or port-related area is situated shall be the authority for port security referred to in Article 5 (1) of the Directive.
2 If a port or port-related area extends across multiple municipalities, the relevant port security authorities can jointly serve one of them as port security authority for the relevant ports and designate port-related areas.
3 A designation as referred to in paragraph 2 shall be communicated by the port security authorities in the Official Gazette, indicating the municipalities of which that designation is applicable.
1 A port security authority shall designate a port security officer as referred to in Article 9, first paragraph, of the Directive.
2 If a port or port-related area extends over several municipalities, the relevant port security authorities may jointly issue a port security officer for the relevant ports and port-related areas. designate.
3 A designation referred to in paragraph 2 shall be communicated by the port security authorities in the Official Gazette, indicating the municipalities of which that designation is applicable.
4 If a port security officer is not also the port security officer of a port facility referred to in Annex II, Part A, Section 2.1 (8) of the Regulation, they shall closely cooperate in the performance of their tasks.
A port security authority shall ensure the coordination of port security measures resulting from the Regulation and the measures resulting from the Directive.
1 Our Minister may designate security organisations to whom the conduct of a port security assessment or the preparation or modification of a port security plan may be assigned.
2 A safety organisation as referred to in paragraph 1 fulfils the conditions laid down in Annex IV to the Directive.
3 Of a decision referred to in paragraph 1 shall be communicated by the State Official Gazette.
Our Minister is the authority for port security aspects as provided for in Article 12 of the Directive.
1 In the performance of his duties under this Law, the mayor shall, and in a situation as referred to in Article 12, third and fourth paragraphs The Chairman of the Security Region, the general and special instructions of our Minister in respect of which he is concerned.
2 The mayor, the chairman of the security region in a situation as intended in Article 12, third and fourth paragraphs , and our Minister provide each other with the information that each of them needs for the proper performance of his duties under this law.
1 At the request of the manager of a port facility, the mayor shall decide on the granting of consent, referred to in Regulation 10 (2), second paragraph, of Annex I to the Regulation, with the security plan of that port facility.
2 In case of application referred to in paragraph 1, a safety assessment of the port facility shall be submitted.
1 As evidence of consent, referred to in Article 6, first paragraph , the mayor will issue a port security certificate.
2 A port security certificate shall be valid for a maximum period of five years.
3 Of any port security certificate issued by him, the Mayor shall inform Our Minister without delay in writing.
1 The Articles 6 and 7, third member , they shall also apply to applications relating to a change in the content of a security assessment, or to the contents of a security plan of a port facility.
2 Where the amendment of a security plan is approved and the certificate issued as a result of the change in the security Article 7, first paragraph , still valid, consent shall be granted for the remaining term of the certificate and shall be issued as proof of this certificate to that certificate.
1 The mayor shall withdraw his consent and the corresponding port security certificate if it has been shown to him that the administrator of the port facility has supplied incorrect or incomplete data upon application and the provision of the provision of the port security of correct or complete information would have led to a different decision on its application.
2 The mayor may revoke a consent given to him and the accompanying port security certificate if the port facility manager acted in violation of the security plan or failed to act in the event. compliance with this plan.
3 Article 7, third paragraph , shall apply mutatis mutandis.
1 The mayor may exempt the administrator of a port facility from the requirement to be in possession of a security plan he has agreed to, provided that the administrator has equivalent security arrangements, which will allow the Mayor has agreed.
2 Goods are only skipped from a ship in a anchorage or a speech area, located within the area of a municipality, if the mayor has agreed to an equivalent security arrangement.
3 The second paragraph shall apply mutatis mutandis to the boarding or boarding of passengers.
4 Under an equivalent system of security, this Article shall mean an equivalent system as provided for in Regulation 12 (2) of Annex I to the Regulation.
5 The second and third paragraphs shall not apply in cases where the transfer of goods, or the transfer of passengers, takes place between two vessels each of which is a vessel within the meaning of Article 3 of the Regulation.
The manager of a port facility shall not be permitted to carry out or permit an activity as referred to in Article 2 (12) of the Regulation to be carried out in its port facility if the administrator is not in possession of a port facility. of a valid port security certificate or a waiver as intended Article 10 .
1 A port security authority shall carry out a port security assessment at least every five years for the port and port-related area concerned.
2 If a port or port-related area extends across multiple municipalities, port security authorities may jointly conduct a port security assessment for the relevant ports and port-related areas.
3 A port security assessment shall be carried out in accordance with Article 6, first and second paragraph, of the Directive.
4 A port security authority may carry out a port security assessment to an on-ground basis. Article 4e designated safety organisation.
5 A port security authority or a security organisation which is responsible for carrying out a port security assessment shall be competent to carry out a port security assessment to any person in the port concerned. have control of a work or supply for commercial transport by sea, or that control over port-related areas, with regard to that work, that provision or that port-related area is to be used. questions relating to the elements of a Member State referred to in Annex I to the Directive Port security assessment, in so far as they are relevant to the safety of the works and services for commercial transport by sea.
6 Any person to whom information is requested on the basis of the fifth paragraph shall be obliged to supply such information.
7 The outcome of a port security assessment shall be subject to the consent of our Minister.
8 After the consent referred to in the seventh paragraph, the port security assessment shall be sent to the Governing Board of the Security Region for notification.
1 A port security authority shall establish a port security plan for the relevant port and for the relevant port-related area, if the results of a port security assessment are in the opinion of the Authority for To give port security.
2 If a port or port-related area extends over several municipalities, the port security authorities may jointly establish a port security plan for the port and port-related area.
3 A port security plan shall be drawn up in accordance with the provisions of Article 7, first, second and third paragraphs, of the Directive.
4 An authority for port security may contribute to a port security plan to a corresponding port Article 4e designated safety organisation.
5 The Board of the Security Region shall be given the opportunity to express its views on a draft port security plan or a modification of that plan, to the extent relevant to the crisis plan referred to in Article 5. Article 16 of the Safety Regions Act .
6 A port security plan or an amendment thereof needs the approval of Our Minister.
7 A port security authority shall ensure that security measures included in a port security plan are implemented in the relevant port and in the relevant port-related area and that there are at least once per a calendar year, at intervals of not more than 18 months, shall be conducted as referred to in Article 7 (7) of the Directive.
8 Any person with control as intended Article 11a, fifth paragraph , the measures included in a port security plan shall be those relating to a work, supply or port-related area referred to in that paragraph, as indicated in the manner and within the period provided for in the port security plan.
1 Where safety levels 2 or 3 do not apply, safety level 1 shall apply.
2 Amendment of the security level is made by Our Minister of Justice after consultation with Our Minister of the Interior and Kingdom Relations. Consultation with our Minister of Interior and Kingdom Relations is not required if the urgency, in view of an acute threat, is opposed.
3 A port security authority, or when an amendment to the safety level and a situation as referred to in Article 39 of the Safety Regions Act collapse, the Chairperson of the Security Region, may, in agreement with our Minister of Justice, designate a section of the relevant port or the relevant port-related area, where the relevant security level is Do not need to apply security measures.
4 An authority for port security, or when a situation is referred to in the Article 39 of the Safety Regions Act The Chairman of the Security Region may, if this is necessary in the light of the circumstances or the facts which have been notified to him, determine that in the port or in the port-related area concerned, or in any part thereof, of these, precautions shall be taken that belong to a higher level of safety than the level of safety applicable at that time.
1 By way of regulation of our Minister, rules may be laid down pursuant to Regulation No 10, third paragraph, of Annex I to the Regulation.
2 The rules of the Minister may, to the extent necessary for the proper application of the Regulation, lay down detailed rules on the matters referred to in Article 3, third paragraph, of the Regulation and in sections 3.2, 5.6, 14.3, 15.3, and 15.6, 16.6, 16.7 and 17 of Annex II to the Regulation, to the extent that they concern port facilities.
1 Persons covered by security operations at port facilities as intended Article 1 (c) of the Law on private security organisations and security offices They are in possession of a certificate in order to ensure that they have properly followed a port facility security course approved by Our Minister.
2 In the case of an application for authorisation, Article 7, second paragraph, of the Law on private security organisations and security offices In the case of a person referred to in paragraph 1, a copy of the certificate shall be produced.
3 The rules of our Minister shall lay down rules on the application for recognition as provided for in paragraph 1 and the withdrawal of such recognition.
4 Our Minister shall fix the criteria under which an application for recognition, as referred to in paragraph 3, shall be assessed by the procedure referred to in the third paragraph, and the grounds for a withdrawal as referred to in that paragraph.
1 In the case of, or under a general measure of administration, only or jointly, for the implementation of treaties or of decisions of the institutions of the EU, rules shall be laid down concerning:
a. Subjects covered by this Act;
b. Security of ports, in so far as it concerns increased port security, carrying out security assessments for ports, setting up port security plans, establishing port security levels, the training and training of persons in charge of security of ports.
2 In the case of the rules referred to in paragraph 1, duties may be entrusted and powers conferred on the Mayor.
1 The obligations under the Regulation and this Act shall apply from 1 July 2005 to the passenger ships used for domestic voyage belonging to a Class A referred to in the arrangement of our Minister. the Directive on safety rules and standards for passenger ships.
2 An amendment to the Directive referred to in paragraph 1 shall apply to the obligations arising from the Regulation and this Act on the passenger ships used for internal travel which belong to a Class A, as referred to in the said Directive. The Directive shall apply from the date on which the relevant amending Directive is to be implemented.
A port security authority shall, at the request of our Minister, communicate to him, within the period specified in that request, any information relating to the implementation of the port security plan at the port or in the port of operation. Relevant port-related area.
1 With the supervision of compliance with the Regulation and the provisions of or under this Act, the persons designated by the decision of Our Minister shall be responsible.
2 With regard to compliance with the Regulation, in so far as it concerns the provisions mentioned in: Article 4, first paragraph , and certain persons appointed by the decision of the mayor and aldermen under this law, to the extent that the port facilities for which the mayor is empowered under this law is competent and to the extent that it is the responsibility of the latter, the other works or facilities within the port for the purpose of commercial sea transport, or in so far as the port related area for which it is the port security authority under this Act.
3 Of a decision referred to in paragraph 1 shall be communicated by the State Official Gazette.
1 Our Minister is, as a competent authority under this Law or under a general measure of administration as referred to in Article 15, first paragraph (i) empowered to impose a charge of enforcement in order to maintain the obligations laid down in or under this law.
2 The power to impose a charge under administrative duress referred to in paragraph 1 shall also be delegated to the persons designated by the decision of Our Minister.
As far as necessary to comply with the requirements of Article 16, second paragraph, of the Directive, Our Minister shall, in accordance with Article 3, first paragraph, of the Safety Investigating Act , functions as trust functions.
An amendment to the Directive referred to in Article 1 (b) , the application of this law shall apply as from the day on which the relevant amending Directive is to be implemented.
This Law shall enter into force from the day following the date of issuance of the Official Gazette, except that if the date of issuance is on 29 June 2004 or an earlier date, Article 11 enters into force with effect from 1 July 2004.
Pursuant to Article 12, second paragraph, of the Temporary Referendum Act, the entry into force of this Act has been suspended. This Law shall enter into force with effect from 21 August 2004.
This law is cited as: Havenprotection law.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Given at The Hague, 6 July 2004
Beatrix
The Minister for Transport and Water
K. M. H. Peijs
Issued the 15th of July 2004The Minister of Justice
J. P. H. Donner
