Chapter 1. General provisions
Introductory provision
section 1 of this Act contains provisions on how port security shall
organized and conducted. With port security means measures
shall be taken at ports in order to protect people,
infrastructure and equipment in ports against serious illegal
documents. Measures taken pursuant to this Act shall
coordinated with measures taken pursuant to
European Parliament and Council Regulation (EC) No 725/2004 of the
31 March 2004 on enhancing ship and
port facilities (Regulation (EC) No 725/2004) and the law
(2004:487) on maritime security.
The scope of the law
section 2 of this Act apply to all ports in Sweden where there are at least
such a port facility covered by article 3.1-3.3 in
Regulation (EC)
No 725/2004. With respect to such a port facility shall, however,
the provisions of Regulation (EC) No 725/2004 and law
(2004:487) on maritime security apply instead of this law.
The law does not apply to military installations in ports.
Definitions
section 3 of the Act used designations with the following meaning.
Indication Significance
Recognised security organisation Organization who have the appropriate
knowledge of matters and that
has been appointed with the support of this
team.
Port a specified country-and
water area that consists of
installations and equipment
facilitates commercial
maritime transport.
Port tenants natural or legal person
exercising the essential
influence over the port's operation.
Port security organ responsible for
port security related issues in a port.
The port security plan documents based on
the port security assessment and
showing, among other things. the port's limits as well as
the procedures to be
applied, which measures
must be taken and what actions
required for each of the
levels of protection.
Port security assessment Document. a port
limits like weaknesses in
protection and possible threats
against various businesses in the port
be identified.
Level of protection level of readiness to be
be taken in order to prevent a
security incident occurs.
Chapter 2. Levels of protection
1 § For each port or part of a port, one of the three
levels of protection always prevail. If any decision pursuant to article 2 of the not
taken is the lowest level of protection (security level 1).
Levels of protection "has the same meaning as under rule 2.1.9 – 2.1.11
in annex II to Regulation (EC) No 725/2004.
section 2 of the police service takes, after hearing the
The Swedish Transport Agency, the decision on what level of protection you want to apply
for a port or part of the port.
In urgent cases, the police authority to make decisions according to
the first paragraph about the change in the level of protection without consulting
The Swedish Transport Agency. Such a decision shall be promptly
reviewed by the Police Department after the Swedish Transport Agency has
been heard. Law (2014:742).
paragraph 3 of the decision pursuant to article 2 of the sheep at containment level 2 and 3
decide that additional measures beyond those specified in the
the port security plan, shall be taken at the port or in part of the harbour.
section 4 of the Security Agency shall for each port or part of a port
for the level of protection is to ensure that regulatory requirements
are met and that the measures provided for in the port security plan or
ordered pursuant to section 3 shall be taken.
Each port security agencies may decide to take further
measures in addition to those specified in the port security plan for a
certain level.
Chapter 3. Protection requirements for ports
Port security bodies
1 § For each port, there must be a port security bodies.
Port owner is port security bodies. More ports may have the same
port security bodies.
Port security assessments and port security plan
section 2 of The port owner, within the harbour area there are at least
a port facility in accordance with Regulation (EC) No 725/2004,
make a port security assessment.
paragraph 3 of the port security agency responsible to a port security plan
be prepared, maintained, updated and implemented for each
port.
4 § in the case of lands owned or managed by the municipality
or by one of the wholly-owned companies, port protection agency
consult with the local authority in the development of the port security plan. When
for other ports, port protection agency shall consult with
the County Administrative Board in the county where the port is located.
paragraph 5 of a port security assessment and a port security plan shall
be approved as permitted by Chapter 6.
section 6, a port security plan shall be kept in such a way that
unauthorized access to it.
The port security plan shall be made and kept in electronic form.
Port security officer
section 7 of the Port security assessment and the port security plan shall include
indication as to the name of the port security officer. If it is appropriate,
several ports have the same port security officer.
The port security manager is a contact for port security related issues.
Port security exercises
section 8 port security agencies shall ensure that port security exercises
are held in each port.
Chapter 4. Investigation and control, etc.
Examination and verification of identity
1 § to prevent crimes that pose danger to the security of
the port, the bags that someone carries with him, other luggage and
goods within the port shall be examined. For the same purpose, identity
checks of persons who reside within the port
area.
Those who refuse to let their property be investigated or whose
identity cannot be checked, may be rejected or removed
from the port.
section 2 of the Survey and the identity check shall be carried out in the
extent specified in the port security plan.
Port security agency is responsible for the investigations and
identity checks are made, to the extent permitted by
the port security plan. Surveys and identity checks
shall be borne by the Security Agency.
3 §/expires U: 2016-05-01/
Examination may be carried out by a police officer, an official
When the coast guard or a specially appointed person
designated by the Police Department. If the property is examined by someone
designated person, should the work be carried out in a
Police man's direction. Identity checks may be carried out by a
police officer, an official at the coast guard or the
port security agency assigning the task. If it is necessary to
port security agency assist law enforcement or
The coast guard in the practical examination and
control work.
Control of goods under customs supervision within the meaning of
Article 37 of Council Regulation (EEC) No 2913/92 of 12
October 1992 establishing the Community customs code
should be made in consultation with the customs service. Law (2014:742).
3 section/entry into force: 2016-05-01/
Examination may be carried out by a police officer, an official at the coast guard or a specially designated person designated by police. If the property is examined by a specially appointed person, should the work be carried out during a police man's direction. Identity checks may be carried out by a police officer, an official at the coast guard or the port security agency assigning the task. If necessary, the port security agency assist the Police or Coast Guard in the practical investigation and control work.
Control of goods under customs supervision within the meaning of article 134 of the European Parliament and Council Regulation (EC) no 952/2013 of 9 October 2013, laying down the community Union shall be done in consultation with the customs service.
Law (2016:281).
section 4 If, upon examination, found objects that may be
to use in crimes that pose a serious risk to
safety within the port shall, if the object cannot be seized
in accordance with the provisions of the code of judicial procedure, the subject matter
found in are asked to keep the object in such a way
It can't be used for crime. Anyone who does not follow a
such a request may be rejected or removed from the port.
paragraph 5 of the decision referred to in paragraph 1 or paragraph 4 is taken by a
police officer, an official at the coast guard or the person
as paragraph 3 of the designated to carry out the investigation.
paragraph 6 of the Protocol shall be conducted and evidence is issued if made
investigation if the property examined requests for
Ordinance or if items are seized.
Order
section 7 without the permission of the port security agency may not have any
Enter a portion of the Harbor, where fences or signs
or in any other similar way clearly shows that the public does not
have access to it.
A police officer, an official at the coast guard or the
According to paragraph 3 of the designated to carry out the survey, from the port
area or sub-area reject or remove the
1. unauthorized reside there,
2. disturb order there, or
3. endangering the port's protection.
Chapter 5. Supervision, etc.
Regulatory Ordinances
section 1 Supervision according to this law shall, if possible, be coordinated with the
supervision of port facilities which are made pursuant to Regulation
(EC) No 725/2004 and the provisions adopted pursuant to the Act
(2004:487) on maritime security.
section 2 of The supervising or assisting in such are entitled
to gain access to the port and to make the surveys where
needed, as well as to take note of the documents and the other
the information contained therein. By Ordinance, the if
be avoided to the port's activity is obstructed or to any
Another inconvenience incurred.
paragraph 3 of the port security agency is responsible for ensuring that the harbour is kept available
for a person who performs supervision and that he otherwise
assisted in supervision.
Port security and port security agency head shall submit the
supervision the representation they need and leave the
information which the supervisory authority requests for oversight.
Injunctive relief
section 4 of the port not available under or Assistant
not disclosed pursuant to paragraph 3, the supervising under this
teams submit to port protection agency to ensure that the harbour is kept
available for supervision or assistance provided by
port security agency or the port security manager.
If supervision is found that in any material
respect, gaps in port security that makes the prescribed
requirements or the requirements of the port security plan are not met, the
supervision according to this law shall submit to the Agency for port security to
remedy the deficiency or meet the requirements within the specified time.
Decision on the injunction under the first and second paragraphs may
combined with a penalty.
Fees
section 5 of the State's costs for port security shall be covered by contributions.
These charges shall be levied for the ports which are subject to
supervision of port security.
Monitoring
paragraph 6 of the Security Agency is responsible for ensuring that the harbour is kept available
for the European Commission and that the Commission otherwise
assisted in monitoring within the port area.
Port security and port security officer shall submit
the Commission the assistance it needs in the monitoring and
provide the information requested by the Commission in the monitoring.
Chapter 6. Appropriations
Regulations
section 1 of the Government or the authority that the Government may
provide for
1. supervision,
2. charges payable to the State for port security,
3. security levels,
4. port security assessments,
5. port security plans,
6. port security exercises,
7. port security officers,
8. recognised security organisations,
9. consultations pursuant to Chapter 3. paragraph 4, and
10. fees for application for appointment pursuant to Chapter 4. paragraph 3 and
the associated training.
Regulations referred to in the first subparagraph 4, mean that a
limited port security assessments may be made.
Authorities
section 2 of the Government determines the authority approves
port security assessments and port security plans and the exercise of other
supervision of port security in accordance with this Act and regulations
announced with the support of the law.
It allows a port security plan shall provide for specific
condition of the port security plan shall apply.
Recognised security organisation
section 3 of the Government or the authority that the Government may
1. decision to acknowledge a security organisation, and
2. entrust a recognised security organisation to do
port security assessments and developing plans.
Chapter 7. Liability provisions
Penalty
1 § To fines or imprisonment of up to six months is sentenced
port port security holders or bodies who willfully engaged in
activities in a port without having an approved port facility security plan
in accordance with the provisions of Chapter 3. 3 to 5 sections.
2 § to fine convicted
1. port security bodies who willfully fails to implement a
investigation or inspection as provided in Chapter 4. section 2 of the
or as ordered pursuant to Chapter 2. section 3,
2. port security bodies who willfully or negligently violates
against an injunction granted under Chapter 5. paragraph 4,
as well as the
3. port security bodies that intentionally keep the port security plan in
contrary to Chapter 3. section 6.
If an order referred to in the first subparagraph is subject to
penalty, the offender shall not be responsible.
Law (2006:1212).
paragraph 3 of the Provisions on liability for anyone who violates the provisions
of professional secrecy in Chapter 8. section 3, see Chapter 20. section 3 of the Penal Code.
4 § To responsibility under this law shall not be convicted of the offence
is subject to stricter penalties in the Penal Code.
Chapter 8. Other provisions
Immediate validity
§ 1 a decision under this Act shall be effective immediately, if not
otherwise decided.
Appeal
paragraph 2 of the Decision under this Act may be appealed to the General
Administrative Court.
Leave to appeal is required for an appeal to the administrative court.
Professional secrecy
section 3 of the position of supervision according to this law
or designated to security officer for a port may not
improperly disclose or make use of what he or she is in
the mission, or in their service have been told about
1. the protection of the Harbour,
2. professional secrets or working procedures,
3. individuals ' financial or personal circumstances, or
4. conditions of importance for national security.
Anyone who has carried out the survey under this Act shall not
improperly disclose or make use of what he or she is in
the mission, or in their service have been told about individuals '
financial or personal relationships.
In the public activities should apply the provisions of
public access to information and secrecy (2009:400) instead of
the first and second subparagraphs. Law (2009:518).
Transitional provisions
2008:1385
This law shall enter into force on 1 January 2009. For the purposes of
7 a of the administrative judicial procedure Act (1971:291) shall
The Swedish Transport Agency instead of the maritime administration shall be the
individual counterparty, if the Board of directors after the entry into force is
jurisdiction to deal with the kind of question that is the subject of
trial.
