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Regulations On The Protection Of Ports

Original Language Title: Forskrift om sikring av havner

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Regulations on the protection of ports Date FOR-2013-05-29-539 Department Ministry of transportation Published in 2013 booklet 7 entry into force 01.07.2013, 01.01.2014 last modified the Change applies to Norway Pursuant law-2009-04-17-19-section 43 Announced at 31.05.2013. 15.40 short title Regulations about securing ports Chapter overview: Chapter 1-Introductory provisions (§§ 1-3) Chapter 2-General provisions (sections 4-6) Chapter 3-requirements for protection of the Harbour (§ § 7-12) Chapter 4-supplementary provisions on content in the protection plan (§ § 13-17) Chapter 5-Final provisions (§ § 18-23) Annex 1: requirements for vulnerability assessment of the harbors Attachment 2: requirements for protection plan for Ports Authority : Set by the fisheries and coastal affairs (now the Ministry of transportation) 29. may 2013 with authorization in law 17. April 2009 Nr. 19 about the ports and waters (Harbour and farvanns law) § 43.
EEA EEA referrals: annex XIII chapter. V No. 56t (Directive 2005/65/EC).

Chapter 1-Introductory provisions § 1. Purposes (1) the purpose of these regulations is to prevent and block the fuse events that can damage ports, the port facility or ship that calls at these.

(2) these regulations to strengthen protection in those areas of the port that are not covered by regulation 29. may 2013 No. 538 about securing the port facilities, and substantiate the safeguards that have been implemented in pursuance of the said regulation.

§ 2. Scope (1) these regulations apply to the ports where there is one or more port facilities that are covered by an approved port facility security plan in accordance with regulation 29. may 2013 No. 538 about securing the port facility.

(2) these regulations do not apply to military installations in ports.

(3) if the boundaries of a port facility is congruent with the limits of the Harbour, to the relevant provisions of regulation 29. may 2013 No. 538 about securing the port facilities have precedence over the provisions of this regulation.

§ 3. Definitions in this regulation means: a) Port: a specific land and sea area with the limits set out on the basis of a vulnerability assessment, and that includes the plant and equipment used to operate the commercial sea transport. With the borders is meant here the limits of the protection relevant port area.

b) Port facilities: the area where there is contact between the ship and the port. This includes areas such as anchorages, waiting place and arrival from the sea side, when it is relevant.

c) contact between the ship and the port: The interaction that occurs when a ship directly and immediately affected by actions involving the movement of people or goods or benefits of port services to or from the ship.

d) Assurance event: a suspicious act or circumstance that poses a threat to a ship, a port facility or a port.

Chapter 2-General provisions section 4. Approved protection business (Recognized Security Organizations-RSO) (1) Approved assurance businesses by regulation 29. may 2013 No. 538 about securing the port facility Chapter 2 can conduct vulnerability assessments and develop security plans in accordance with this regulation.

(2) an approved assurance business that has conducted or reviewed a vulnerability assessment for port, can not prepare or review the security plan for the same port.

§ 5. Maritime security level (1) with maritime security level refers to a statement of the degree of risk that a security incident will be attempted or will occur. The Norwegian coastal Administration determines the maritime protection level that end up going to operate on.

(2) the following levels apply to the maritime security ports: a) the Assurance level 1: the level where a minimum of relevant safeguards to be maintained at all times.

b) Assurance level 2: the level where relevant additional measures for securing to be maintained for a certain period of time due to a temporarily increased the risk of incidents that could threaten security.

c) Fuse level 3: the level where additional specific safeguards to be maintained for a limited period of time when an event that could threaten security is imminent or likely.

(3) The fuse immediately after the leader to have received notification of the change in the maritime security level, implement the measures in the protection plan for the current security level.

section 6. Notification of security events to be notified to the Assurance events the Norwegian coastal administration.

Chapter 3-requirements for securing the port section 7. The port security authority (1) each port covered by this regulation should have a port security authority that is responsible for all duties and obligations arising from this regulation are observed.

(2) the port security authority has responsibility for the it completed a vulnerability assessment for the port, and for the preparation and implementation of a port security plan. Multiple ports can have the same port security authority.

(3) where there is a single owner or operator of the port, this port security authority. In the ports there are several owners or operators, the Norwegian coastal administration designates one of these to be the port security authority for the port.

section 8. Vulnerability assessment of the port (1) with vulnerability assessment refers to a process to identify and assess the vulnerability of infrastructure and assets that are important to protect, then determine the appropriate safeguards.

(2) it shall be carried out for each vulnerability assessment a port.

(3) the Vulnerability of the coastal can be carried out reviews the work or approved protection business. A vulnerability assessment that is conducted by an approved assurance business shall be approved by the Norwegian coastal administration.

(4) to take into account Vulnerability assessment to the particular characteristics of the different parts of the port, the adjacent areas that have an impact on the protection of the Harbour and the vulnerability assessments done according to regulation 29. may 2013 No. 538 about securing the port facility section 9. Vulnerability assessment should at least include the requirements stated in Appendix 1.

(5) to be added to Vulnerability assessment for the determination of the limits of the protection relevant port area.

§ 9. Protection plan for the Harbour (1) with protection plan means a plan for the implementation of measures designed to protect the Harbour and port facilities, ships, persons, cargo, transport units and ship's supplies in the port against the risks of a security incident.

(2) on the basis of a vulnerability assessment should be worked out a protection plan. Protection plan should be worked out by the port security authority or an approved assurance business. Protection plan should at least include the requirements stated in Appendix 2.

(3) the fuse is scheduled to be approved by the Norwegian coastal administration before it can be implemented.

§ 10. Review and updating of the vulnerability assessments and security plans (1) Vulnerability assessments and security plans should be reviewed and updated when relevant, at least each 5. year. This can be done by the Norwegian coastal administration, port security authority or an approved assurance business.

(2) changes in the vulnerability assessment shall be approved by the Norwegian coastal administration. It should be worked out new vulnerability assessment by changes in the basis of this.

(3) changes in the hedging shall be approved by the plan the Norwegian coastal administration before they can be implemented if these follows by changes in the vulnerability assessment, or affect the scope of protection measures.

section 11. Confidentiality Vulnerability assessments, security plans and other sensitive security information is to be provided so that unauthorized persons cannot gain access to or knowledge of the contents.

§ 12. Fuse head of Port (Port Security Officer-PSO) (1) the port security authority designates a restraining head of each port. The Security Manager will act as the point of contact in matters of port security. The port security authority can let the fuse head of safeguarding tasks the port security authority.

(2) The assurance leader should work closely with the port facility's security leader (PFSO).

(3) Protection shall be approved by the head the Norwegian coastal administration. To be approved is required it skills needed for to attend to tasks and responsibilities for the security plan, and conducted and passed the approved course according to regulations 29. may 2013 No. 538 about securing the port facility section 15.

Chapter 4-supplementary provisions on content in the protection plan section 13. Access restricted areas (1) it shall be stated by the protection plan which parts of the Harbour that is restricted and for which protection level the access limitation applies.

(2) it shall be worked out a system that ensures control of the people and vehicles that will be given access to access restricted sites. This is also true for cargo and ship supplies that are brought in on the access restricted sites.

(3) Access restricted sites should be clearly defined and avtegnet on an updated map.

(4) For people seeking entry or staying on the restricted area can be carried out control of identity.

(5) persons who oppose the access control or cannot verify their identity to bortvises.

(6) public officials should be given free access to access restricted sites to the extent that they have tjenestelig the need for it.

section 14. Scans of luggage, goods, etc.
(1) All luggage, vehicles, goods and ship supplies that are or will be in on the restricted site, searched. With the scans will mean manually, electronically or in any other way to reveal the actual content of the controlled.

(2) Luggage, vehicles, goods or ship supply that is denied can be rejected crawled.

section 15. Visitation of the people (1) all persons to be entered on the restricted site, visiteres.

(2) with the visitation is meant here a an inspection and examination of a person's clothes on the outside of the body, bag and, incidentally, hand luggage, in order to reveal the objects or substances that can be used to implement actions that may damage the port, the port facility or ship that calls at these.


(3) the Visitation shall be conducted on the most appropriate way, and should as far as possible be carried out by a person of the same sex as the examined. It examined has the right to have a third person present at visitasjonen.

(4) Visitation to be performed by special trained security inspectors in the service of assurance leader, of the approved security company, jf. the current regulation on guard business, or of police officials.

(5) persons who oppose visitation to be denied access to the restricted access area.

section 16. Training of security personnel it should be worked out a system that ensures relevant and sufficient expertise for personnel with responsibilities and tasks within the security of the port.

§ 17. Exercises (1) is to be held each calendar year exercise, with most 18-month intervals.

(2) exercise will test the approved protection plan, and especially communication, coordination, resource availability and response time.

Chapter 5-Final provisions § 18. (1) the Norwegian coastal administration oversees that the provisions of this regulation are complied with.

(2) the Norwegian coastal Administration gives the order and hit the individual decisions or that are necessary for the implementation of the provisions of and in pursuance of this regulation, cf. the port-and farvanns Law § 57.

(3) the supervisor shall, by personnel from the supervision and accompanied by the Norwegian coastal Administration have unobstructed access to the ports covered by this regulation.

§ 19. Administrative sanctions By significant or repeated violations of the regulations or individual decisions given in pursuance of it, the Norwegian coastal Administration revoke approval of the port in accordance with this regulation.

section 20. Coercive (1) in order for the regulation may determine an ongoing coercive for each day or week or month that goes after the expiry of the time limit is set for the fulfillment of the order, until the order is fulfilled. Coercive can also be determined as engangsmulkt.

(2) the Norwegian coastal Administration can in special cases wholly or partially waive accrued coercive.

(3) Coercive is determined according to the Harbour and farvanns Act 60.

§ 21. Appeal Coastal headquarters is the work's appeal authority for decisions made by the Coastal work's region offices. Fisheries and coastal affairs is complaint authority for decisions made by the Coastal work's main office.

§ 22. Penalty Substantially violating these regulations or individual decisions given in pursuance of it is punishable by law 17. April 2009 Nr. 19 about the ports and waters § 62.

§ 23. Entry into force (1) with the exception of section 12 (3) if the requirements for the Security Manager of completed and passed the approved course according to regulations 29. may 2013 No. 538 about securing the port facility section 15, enters this regulation in force 1. July 2013.

(2) section 12 (3) of requirements for hedging leader about completed and passed the course according to regulations 29. may 2013 No. 538 about securing the port facility section 15, to take effect 1. January 2014.

Annex 1: requirements for vulnerability assessment of the Vulnerability of ports ports assessment forms the basis for the assurance plan for ports and the implementation of this. Vulnerability assessment of the port should at least include:-identification and evaluation of important assets and infrastructure it is important to protect, identification of possible threats to the assets and infrastructure and the likelihood that they will occur, with the purpose to determine and prioritize security measures, identification, selection and prioritization of counter measures and changes of procedures, and how effective these is to reduce vulnerability , and-identification of weaknesses, including human factors, in the infrastructure, policies and procedures.

For this purpose do the assessment at least:-identify all areas relevant for port protection, including even the limits. This also applies to the port facilities which are already covered by Regulation (EC) No. 725/2004, as the starting point is taken in the risk analysis here,-identify the fuse problems that occur in the contact surface between the port installation's safeguards and other end up safeguards,-identify which port personnel to undergo background check and/or security clearance because of their connection to high risk areas,-if it is appropriate, classify the port after the likelihood of security incidents. Areas will be assessed not only from their own profile as possible targets, but also for the possibility that they will be used as the access route to an adjacent area which is the true goal,-determine the variations in risk, eg. seasonality, determine the specific-the characteristics of the individual part areas, eg. location, access, power supply, communication system, ownership, users, and other items that are considered relevant to the protection,-determine the possible trusselscenarier for the port. The entire port or specific parts of the infrastructure, cargo, baggage, people or transport equipment in the port may be a direct target of a proven threat,-determine the particular consequences of a threat scenario. The consequences can affect one or more subsites. Both the direct and indirect consequences to be identified. Particular attention should be directed against the risk of personal injury, the risk of chain-determine the effects of hedging events,-identify vulnerable areas in each subsite,-identify all the organizational conditions that are relevant to the overall assurance, including the Division of all security authorities as well as the current rules and procedures,-identify vulnerable areas in the overall assurance associated with the conditions regarding the Organization, legislation and procedures,-identify measures, procedures and actions aimed at reducing critical vulnerable areas. Particular attention should be directed towards the need and methods of access control or restrictions for the entire harbour or for a specific part of a port, including identification of passengers, port personnel or other workers, visitors and crew members, requirements for the monitoring of the areas or activities as well as control of cargo and baggage. Measures, procedures and actions should be adapted to the likely risk, which may vary from the port area to the port area,-determine how measures, procedures and actions will be sharpened if the protection level be raised,-determine the particular requirements as to the handling of the well-known security problems, including suspicious cargo, luggage, bunker, provisions or persons, unknown parcels and known dangers (e.g. bomb). These requirements will analyse what conditions that are desirable to neutralize the risk on the spot or after transport to a secure site,-determine the measures, procedures and actions aimed at limiting and reducing the the consequences, to determine which task-distribution that provides a timely and correct implementation of the measures, procedures and actions,-where appropriate, correct, especially attention to the relationship with other security plans (e.g. port facility security plans) and other existing safeguards. It should also be directed attention to the relationship with other emergency response plans (e.g., contingency plans for oil pollution, port contingency plans, medical contingency plans, emergency response plans by nuclear accidents, etc.),-determine the communication requirements for the implementation of the measures and procedures,-right especially attention to measures to protect the confidential information related to hedge against to be published,-determine the needs for insight on the part of all who are directly affected, as well as with the public, if it is relevant.

Annex 2: requirements for protection plan for ports in the protection plan for ports is determined assurance arrangements for the port. The plan should be based on the results of the vulnerability assessment of the port. It should be clear and contain detailed measures. It should contain a control scheme that allows, if necessary, for appropriate corrective action.
Protection plan for ports to build on the following general items:-the determination of all the areas that are relevant for harbour protection. Depending on the vulnerability assessment, the measures, procedures and actions vary from part to part area area. In fact, it may be a need for stronger preventive measures in any part than in other areas. Particular attention should be directed to the contact surfaces between the part areas, as they are described in the vulnerability assessment of the Harbour,-coordination of security measures for areas with different sikringsmessige characteristics, determination of different measures that may be required for the different parts of the port, by different protection levels and as a result of information about the particular conditions, the determination of an organizational structure that underpins a enhanced port security.

On the basis of these general elements to fuse the plan for ports to distribute the tasks and specify work plans in the following areas:-access requirements. In some areas the requirements will be first implemented when protection level exceeds a minimum limit. All requirements and limit values should be carefully described in the port security plan,-

requirements for the control of credentials, luggage and cargo. The requirements may not apply any subsite and also not always in full scope. People who go into or stay in a subsite, can be controlled. Protection plan for ports to be in an appropriate manner taking into account the results of the vulnerability assessment for the ports, which is the tool that is used to determine the security requirements for each part area and at each assurance level. If it be introduced their own ID card for the sake of the port protection, should it be determined, clear procedures for issuing, control of the use and return of such documents. In such procedures shall be taken into account to the special feature for some user groups in the port through our own actions that limit the negative impact of access control. The groups should at least include seafarers, authority's representatives, people who regularly work in or visit the Harbour, the Harbour and permanent residents people with irregular intervals work in or visit the Harbour,-contact with the authorities in charge of control of cargo, baggage and passengers. If necessary, it is planned to connect these authorities ' disclosure and trust systems, including any trust systems prior to arrival, procedures and measures for dealing with suspicious cargo, luggage, bunker, provisions or persons, including the designation of a secure site, and by other hedging problems and violations of the port protection,-requirements for monitoring of the areas or activities in some areas. Both the need for technical solutions and the solutions to be derived by the vulnerability assessment of the ports,-signs. Areas with access and/or control requirements should be clearly signposted. In control and access requirements should be taken duly into account all the relevant law and practice. Monitoring of the activities to be specified on a suitable way if the national legislation requires it, communication and security clearance. All relevant Security information to be conveyed in a correct manner in accordance with the standards for security clearance in the plan. Since some of the information may be confidential, the disclosure be based on the need for insight, but it should, if necessary, also include the procedures for dissemination of information to the public. Security clearance standards will be included in the plan and is intended to protect the confidential information related to security against illegal disclosure, reporting of security incidents. With a view to achieve fast reaction to it in the protection plan for ports be set out clear requirements for the Security Manager and/or to the security authority to report all security events, integration with other preventive plans or activities. The plan will especially deal with integration with other current prevention activities and control activities in the port,-integration with other emergency response plans and/or incorporation of special contingency measures, procedures and actions. The plan shall contain a detailed description of the interaction and coordination with other contingency plans. If necessary to resolve conflicts and missing rectified,-requirements for training and exercises,-practical organisation of harbour protection as well as working methods. In the protection plan for ports to port protection organization, the distribution of its tasks and its working methods are described in detail. Coordination with the port facility's security and monitoring the leaders should if necessary also be described. If there is a fuse, it should end up Working Committee the tasks of this Committee are described,-procedures for the adaptation and updating of the protection plan for ports.