Opinion of the European Economic and Social Committee on the ‘Amended proposal for a Directive of the European Parliament and of the Council on enhancing port security’(COM(2004) 393 final - 2004/0031 (COD))
Date: 2004-10-27
Institutions: European Economic and Social Committee
Subjects: ESC opinion, International Maritime Organisation, carriage of goods, carriage of passengers, common ports policy, harbour installation, international convention, maritime safety, terrorism

C 120/28

EN

Official Journal of the European Union

20.5.2005

Opinion of the European Economic and Social Committee on the ‘Amended proposal for a Direc-
tive of the European Parliament and of the Council on enhancing port security’

(COM(2004) 393 final - 2004/0031 (COD))

(2005/C 120/06)

On 11 June 2004 the Council of the European Union decided to consult the European Economic and
Social Committee, under Article 80(2) of the Treaty establishing the European Community, on the above-
mentioned proposal.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for
preparing the Committee's work on the subject, adopted its opinion on 5 October 2004. The rapporteur
was Dr Bredima-Savopoulou.

At its 412th plenary session on 27 and 28 October 2004 (meeting of 27 October), the European Economic
and Social Committee adopted the following opinion by 169 votes in favour and 6 abstentions.

1. Introduction

to roll-on roll-off vessels on
2.2
The proposal applies
domestic and international
the
In the latter case,
Member States concerned will cooperate in the risk assessment.

routes.

1.1
Since the 11 September 2001 and the 11 March 2004
terrorist attacks, the world has discovered that the war on
terrorism is bound to last for a long time. The EESC was
prompted at an early stage by Commissioner De Palacio to
deliver an exploratory Opinion on Transport Security. The
EESC gave a set of yardsticks (1) regarding a future EU policy
on transport security and is pleased to note that they have been
adopted by the Commission.

1.2
Following an EU Communication on Enhancing Mari-
time Transport Security and a Regulation on Enhancing Ship
and Port Facility Security, the EESC delivered an opinion (2)
which refers to security of port terminals.

On 30 June 2004,

the EESC adopted a further
1.3
opinion (3) referring to the proposed Directive on enhancing
port security. The proposed Directive complements the security
measures introduced by the Regulation on enhancing the
security of ship and port facilities by ensuring that the entire
port is covered by a security regime.

2. The Commission's proposal

Following discussions in Council on the draft Directive
2.1
the Commission proposes (4) a
on enhancing port security,
modification in Article 7 whereby the port security plan will
ensure that, on the basis of risk assessments, adequate security
controls are carried out by competent national authorities on
cars and goods vehicles set for embarkation on vessels which
also carry passengers.

(1) OJ C 61 of 14.3.2003, p. 174.
(2) COM(2003) 229 final, OJ C 32 of 5.2.2004, p. 21.
(3) COM(2004) 76 final, OJ C 241 of 28.9.2004.
(4) COM(2004) 393 final.

3. General comments

3.1
The EESC firmly supports a balanced approach safe-
guarding security without impeding the free flow of trade. It
understands,
the Commission as
expressed in the new eighth recital of the proposed Directive.

the concern of

therefore,

3.2
In line with its previous opinions, the EESC fully agrees
with the proposed modification to the draft Directive on
enhancing port security. Although absolute security can never
be achieved, the EESC reiterates that the entire logistic trans-
port chain has to be covered by security measures making sure
that no weak links exist. Priority should be given to passenger
transport where the consequences of a terrorist act would be
the heaviest with regard to the human lives at stake.

Ro-Ro vessels are particularly vulnerable to terrorist
3.2.1
actions especially if they carry passengers. Indeed, cars loaded
on board Ro-Ro vessels may become modern ‘Trojan horses’ in
terms of security.

3.2.2
Adequate measures should be taken to ensure that the
cars and goods vehicles on board Ro-Ro vessels will not cause
a risk. The measures should be taken in the port or at the
port's confines prior to loading of the vessel and in a way
impeding as little as possible the fluidity of the operations.

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Official Journal of the European Union

C 120/29

3.2.3
to be
Security inspections of cars/goods vehicles
loaded on Ro-Ro passenger ferries present difficulties due to
the nature of cargoes loaded on the vehicles. Longstanding
the most adequate control of the
experience indicates that
contents of these vehicles should take place prior to embarka-
tion in the port area in order to make use of sophisticated
security devices as well as of properly trained personnel.

The EESC wishes to draw attention to the liability issues
3.3
arising from the inspections. Obviously, liability from security
controls of cars and goods vehicles should rest with the rele-
vant national authorities involved and not with the ship on
which these vehicles are subsequently loaded.

Regarding the

3.4
seafarers and port
identification of
personnel involved in security controls, requirements should be
applied in a practical way in order not to obstruct unduly
commercial operations.

3.5
cation the Commission,

The EESC notes that as a result of the proposed modifi-
in cooperation with the national

Brussels, 27 October 2004.

authorities, will start inspections to verify the means of moni-
toring implementation of the national plans adopted pursuant
to the Directive, six months after the date of application of the
It emphasises the need for immediate
proposed Directive.
preparedness on the part of EU ports as well as ports of non
EU Member States in relation to the new security measures
(ISPS Code) for port terminals which entered into force interna-
tionally on 1 July 2004.

3.6
Finally, the EESC takes the opportunity to urge that the
economic dimension of port security should be addressed
promptly at EU level and a harmonised approach should be
developed to avoid distortion of competition among ports and
among modes of transport, especially to the detriment of roll-
on roll-off transport. The Commission is invited to draw up an
overall impact study about the financial effects of port security
and to devise an EU scheme for financing, where necessary, the
implementation measures.

The President

of the European Economic and Social Committee

Anne-Marie SIGMUND