Directive 2005/65/EC of the European Parliament and of the Council of  26 October 2005  on enhancing port security   (Text with EEA relevance)
Date: 2005-10-26
Institutions: Council of the European Union, European Parliament
Subjects: harbour installation, maritime safety, port administration, terrorism, vessel

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DIRECTIVE 2005/65/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 26 October 2005

on enhancing port security

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(4)

Having regard to the Treaty establishing the European
Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

Having regard to the opinion of
Regions (2),

the Committee of

the

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (3),

Whereas:

(1)

(2)

Security incidents resulting from terrorism are among
the greatest threats to the ideals of democracy, freedom
and peace, which are the very essence of the European
Union.

People, infrastructure and equipment in ports should be
protected against security incidents and their devastating
effects. Such protection would benefit transport users,
the economy and society as a whole.

(3) On 31 March 2004 the European Parliament and the
Council of the European Union adopted Regulation (EC)
No 725/2004 (4) on enhancing ship and port facility
security. The maritime security measures imposed by that
the measures
Regulation constitute only part of
security
necessary to achieve an adequate level of
throughout maritime-linked transport
chains. That
Regulation is limited in scope to security measures on
board vessels and the immediate ship/port interface.

In order to achieve the fullest protection possible for
maritime and port industries, port security measures
should be introduced, covering each port within the
boundaries defined by the Member State concerned, and
thereby ensuring that security measures taken pursuant
to Regulation (EC) No 725/2004 benefit from enhanced
security in the areas of port activity. These measures
should apply to all those ports in which one or more
port facilities covered by Regulation (EC) No 725/2004
are situated.

(5) The security objective of

this Directive should be
achieved by adopting appropriate measures without
prejudice to the rules of the Member States in the field
of national security and measures which might be taken
on the basis of Title VI of the Treaty on European Union.

(6) Member States

should rely upon detailed security
assessments to identify the exact boundaries of
the
security-relevant port area, as well as the different
measures required to ensure appropriate port security.
Such measures should differ according to the security
level in place and reflect differences in the risk profile of
different sub-areas in the port.

(7) Member States should approve port security plans which
incorporate the findings of the port security assessment.
The effectiveness of security measures also requires the
clear division of tasks between all parties involved as well
as regular exercises. This clear division of tasks and the
recording of exercise procedures in the format of the
port security plan is considered to contribute strongly to
the effectiveness of both preventive and remedial port
security measures.

(1) OJ C 120, 20.5.2005, p. 28.
(2) OJ C 43, 18.2.2005, p. 26.
(3) Opinion of the European Parliament of 10 May 2005 (not yet
Journal) and Council Decision of

published in the Official
6 October 2005.

(4) OJ L 129, 29.4.2004, p. 6.

(8) Roll-on roll-off vessels are particularly vulnerable to
security incidents, in particular if they carry passengers as
well as cargo. Adequate measures should be taken on the
basis of risk assessments which ensure that cars and
goods vehicles destined for transport on roll-on roll-off
vessels on domestic and international routes do not
cause a risk to the vessel, its passengers and crew or to
the cargo. The measures should be taken in a way which
impedes as little as possible the fluidity of the operations.

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(9) Member States should be able to establish port security
committees entrusted with providing practical advice in
the ports covered by this Directive.

(16) A procedure should be defined for the adaptation of this
Directive to take account of developments in interna-
in the light of experience, to
tional
adapt or complement the detailed provisions of
the
Annexes to this Directive, without broadening the scope
of this Directive.

instruments and,

(10) Member States should ensure that responsibilities in port
security are clearly recognised by all parties involved.
Member States should monitor compliance with security
rules and clearly establish a responsible authority for all
their ports, approve all security assessments and plans for
their ports, set and communicate as appropriate security
levels and ensure that measures are well communicated,
implemented and coordinated.

(11) Member States should approve assessments and plans
In
and monitor their implementation in their ports.
order to keep disruption to ports and the administrative
burden on inspection bodies
the
Commission's monitoring of the implementation of this
Directive should be conducted jointly with the inspec-
tions provided for in Article 9(4) of Regulation (EC)
No 725/2004.

to a minimum,

(12) Member States should ensure that a focal point for port
security takes up the role of contact point between the
Commission and Member States. They should inform the
Commission which ports are covered by this Directive on
the basis of the security assessments carried out.

(17) Since the objectives of

this Directive, namely the
balanced introduction of appropriate measures in the
field of maritime transport and port policy, cannot be
sufficiently achieved by the Member States and can
therefore, by reason of
this
Directive, be better achieved at Community level, the
Community may adopt measures in accordance with the
principle of subsidiarity as set out in Article 5 of the
Treaty. In accordance with the principle of proportion-
ality, as set out in that Article, this Directive does not go
beyond what is necessary in order to achieve those
objectives.

the European scale of

(18) Since this Directive concerns seaports, the obligations
herein contained should not be applicable to Austria, the
Czech Republic, Hungary, Luxembourg or Slovakia,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject matter

(13) The effective and standard implementation of measures
under this security policy raises important questions in
relation to its funding. The funding of extra security
measures should not generate distortions of competition.
By 30 June 2006, the Commission should submit to the
European Parliament and the Council the findings of a
study on the costs involved in measures taken under this
Directive, addressing in particular the way financing is
shared between the public authorities, port authorities
and operators.

this Directive is to introduce
1. The main objective of
Community measures to enhance port security in the face of
threats of security incidents. This Directive shall also ensure
that security measures taken pursuant to Regulation (EC)
No 725/2004 benefit from enhanced port security.

2. The measures referred to in paragraph 1 shall consist of:

(14) This Directive respects

rights and
observes the principles recognised in particular by the
Charter of Fundamental Rights of the European Union.

the fundamental

(a)

common basic rules on port security measures;

(b)

an implementation mechanism for these rules;

(c)

appropriate compliance monitoring mechanisms.

(15) The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
implementing powers
procedures for the exercise of
conferred on the Commission (1).

Article 2

Scope

(1) OJ L 184, 17.7.1999, p. 23.

1. This Directive lays down security measures which shall be
observed in ports. Member States may apply the provisions of
this Directive to port-related areas.

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2. The measures laid down in this Directive shall apply to
every port located in the territory of a Member State in which
one or more port facilities covered by an approved port
facility
(EC)
pursuant
No 725/2004 is or are situated. This Directive shall not apply
to military installations in ports.

to Regulation

security

plan

3. Member States shall define for each port the boundaries
of the port for the purposes of this Directive, appropriately
taking into account
information resulting from the port
security assessment.

4. Where the boundaries of a port
facility within the
meaning of Regulation (EC) No 725/2004 have been defined
by a Member State as effectively covering the port, the relevant
take
provisions of Regulation (EC) No 725/2004 shall
precedence over those of this Directive.

Article 3

Definitions

For the purpose of this Directive:

1.

2.

3.

4.

‘port’ means any specified area of land and water, with
boundaries defined by the Member State in which the
situated, containing works and equipment
port
designed to facilitate commercial maritime transport
operations;

is

‘ship/port interface’ means the interactions that occur
when a ship is directly and immediately affected by
actions involving the movement of persons or goods or
the provision of port services to or from the ship;

‘port
facility’ means a location where the ship/port
such as
interface
anchorages, waiting berths and approaches from sea-
ward, as appropriate;

includes areas

takes place;

this

‘focal point for port security’ means the body designated
by each Member State to serve as contact point for the
Commission and other Member States and to facilitate,
follow up and provide information on the application of
the port security measures laid down in this Directive;

Article 4

Coordination with measures taken in application of
Regulation (EC) No 725/2004

Member States shall ensure that port security measures
introduced by this Directive are closely coordinated with
measures taken pursuant to Regulation (EC) No 725/2004.

Article 5

Port security authority

1. Member States shall designate a port security authority
for each port covered by this Directive. A port security
authority may be designated for more than one port.

2. The port security authority shall be responsible for the
preparation and implementation of port security plans based
on the findings of port security assessments.

3. Member States may designate a ‘competent authority for
security’ provided for under Regulation (EC)
maritime
No 725/2004 as port security authority.

Article 6

Port security assessment

1. Member States shall ensure that port security assessments
are carried out for the ports covered by this Directive. These
assessments shall take due account of
the specificities of
different sections of a port and, where deemed applicable by
the relevant authority of the Member State, of its adjacent
areas if these have an impact on security in the port and shall
take into account the assessments for port facilities within
their boundaries as carried out pursuant to Regulation (EC)
No 725/2004.

2.
Each port security assessment shall be carried out taking
into account as a minimum the detailed requirements laid
down in Annex I.

Port security assessments may be carried out by a
3.
recognised security organisation as referred to in Article 11.

5.

‘port security authority’ means the authority responsible
for security matters in a given port.

Port security assessments shall be approved by the

4.
Member State concerned.

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Article 7

Port security plan

Subject

1.
to the findings of port security assessments,
Member States shall ensure that port security plans are
developed, maintained and updated. Port security plans shall
adequately address the specificities of different sections of a
port and shall integrate the security plans for port facilities
within their boundaries established pursuant to Regulation
(EC) No 725/2004.

Port security plans shall identify, for each of the different

2.
security levels referred to in Article 8:

(a)

the procedures to be followed;

(b)

the measures to be put in place;

(c)

the actions to be undertaken.

3.
Each port security plan shall take into account as a
minimum the detailed requirements specified in Annex II.
Where, and to the extent appropriate, the port security plan
shall in particular include security measures to be applied to
for embarkation on seagoing
passengers and vehicles set
vessels which carry passengers and vehicles. In the case of
international maritime transport services, the Member States
concerned shall cooperate in the security assessment.

Port security plans may be developed by a recognised

4.
security organisation as referred to in Article 11.

Port security plans shall be approved by the Member State

5.
concerned before implementation.

6. Member States shall ensure that the implementation of
port security plans is monitored. The monitoring shall be
coordinated with other control activities carried out in the
port.

7. Member States shall ensure that adequate exercises are
performed, taking into account the basic security training
exercise requirements listed in Annex III.

2. There shall be three security levels, as defined in
Regulation (EC) No 725/2004:

— ‘Security level 1’ means the level for which minimum
appropriate protective security measures shall be main-
tained at all times;

— ‘Security level 2’ means the level for which appropriate
additional protective security measures shall be main-
tained for a period of time as a result of a heightened risk
of a security incident;

— ‘Security level 3’ means the level

for which further
specific protective security measures shall be maintained
for a limited period of time when a security incident is
probable or imminent, although it may not be possible
to identify the specific target.

3. Member States shall determine the security levels in use
for each port or part of a port. At each security level, a
Member State may determine that different security measures
are to be implemented in different parts of the port depending
on the findings of the port security assessment.

4. Member States shall communicate to the appropriate
person or persons the security level in force for each port or
part of a port as well as any changes thereto.

Article 9

Port security officer

1. A port security officer shall be approved by the Member
shall, where
State concerned for each port. Each port
practicable, have a different port security officer, but may, if
appropriate, share a security officer.

Port security officers shall fulfil the role of point of

2.
contact for port security related issues.

3. Where the port security officer is not the same as the port
facility(ies)
(EC)
No 725/2004, close cooperation between them shall be
ensured.

under Regulation

officer(s)

security

Article 8

Security levels

Article 10

Reviews

1. Member States shall introduce a system of security levels
for ports or parts of ports.

1. Member States shall ensure that port security assessments
and port security plans are reviewed as appropriate. They shall
be reviewed at least once every five years.

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2. The scope of the review shall be that of Articles 6 or 7, as
appropriate.

Article 15

Article 11

Committee procedure

Recognised security organisation

Member States may appoint recognised security organisations
for
the purposes specified in this Directive. Recognised
security organisations shall fulfil the conditions set out in
Annex IV.

Article 12

1. The Commission shall be assisted by the committee set up
by Regulation (EC) No 725/2004.

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

Focal point for port security

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at one month.

focal

Member States shall appoint for port security aspects a focal
point. Member States may designate for port security aspects
the
(EC)
point
No 725/2004. The focal point
security shall
communicate to the Commission the list of ports concerned
by this Directive and shall inform it of any changes to that list.

Regulation

appointed

for port

under

Article 13

Implementation and conformity checking

1. Member States shall set up a system ensuring adequate
and regular supervision of the port security plans and their
implementation.

in cooperation with the focal
2. The Commission shall,
points referred to in Article 12, monitor the implementation
of this Directive by Member States.

3. This monitoring shall be conducted jointly with the
inspections provided for in Article 9(4) of Regulation (EC)
No 725/2004.

Article 14

Adaptations

3. The Committee shall adopt its Rules of Procedure.

Article 16

Confidentiality and dissemination of information

1.
In applying this Directive, the Commission shall take, in
accordance with Decision 2001/844/EC, ECSC, Euratom (1),
appropriate measures to protect information subject to the
requirement of confidentiality to which it has access or which
is communicated to it by Member States.

Member States shall take equivalent measures in accordance
with relevant national legislation.

2. Any personnel carrying out security inspections, or
handling confidential
information related to this Directive,
shall have an appropriate level of security vetting by the
Member State of which the person concerned is a national.

Annexes I to IV may be amended in accordance with the
procedure referred to in Article 15(2), without broadening the
scope of this Directive.

Article 17

Penalties

(1) OJ L 317, 3.12.2001, p. 1. Decision as last amended by Decision

2005/94/EC, Euratom (OJ L 31, 4.2.2005, p. 66).

Member States shall ensure that effective, proportionate and
dissuasive penalties are introduced for infringements of the
national provisions adopted pursuant to this Directive.

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Article 18

Implementation

Directive by Member States and the effectiveness of
measures taken. If necessary,
additional measures.

the
it shall present proposals for

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 15 June 2007. They shall forthwith inform the
Commission thereof.

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Member States.

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt
in the field covered by this Directive.

Article 19

Evaluation report

By 15 December 2008 and every five years thereafter, the
Commission shall
to the
European Parliament and the Council based, among other
things, on the information obtained pursuant to Article 13. In
the report, the Commission shall analyse compliance with this

submit an evaluation report

Article 20

Entry into force

This Directive shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

Article 21

Addressees

This Directive is addressed to the Member States which have
ports as referred to in Article 2(2).

Done at Strasbourg, 26 October 2005.

For the European Parliament
The President
J. BORRELL FONTELLES

For the Council
The President
D. ALEXANDER

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ANNEX I

PORT SECURITY ASSESSMENT

The port security assessment is the basis for the port security plan and its implementation. The port security
assessment will cover at least:

— identification and evaluation of important assets and infrastructure which it is important to protect;

— identification of possible threats to the assets and infrastructure and the likelihood of their occurrence, in order

to establish and prioritise security measures;

— identification, selection and prioritisation of counter-measures and procedural changes and their level of

effectiveness in reducing vulnerability; and

— identification of weaknesses, including human factors in the infrastructure, policies and procedures.

For this purpose the assessment will at least:

— identify all areas which are relevant to port security, thus also defining the port boundaries. This includes port
facilities which are already covered by Regulation (EC) No 725/2004 and whose risk assessment will serve as a
basis;

— identify security issues deriving from the interface between port facility and other port security measures;

— identify which port personnel will be subject to background checks and/or security vetting because of their

involvement in high-risk areas;

— subdivide, if useful, the port according to the likelihood of security incidents. Areas will be judged not only
upon their direct profile as a potential target, but also upon their potential role of passage when neighbouring
areas are targeted;

— identify risk variations, e.g. those based on seasonality;

— identify the specific characteristics of each sub-area, such as location, accesses, power supply, communication

system, ownership and users and other elements considered security-relevant;

— identify potential threat scenarios for the port. The entire port or specific parts of its infrastructure, cargo,
baggage, people or transport equipment within the port can be a direct target of an identified threat;

— identify the specific consequences of a threat scenario. Consequences can impact on one or more sub-areas.
Both direct and indirect consequences will be identified. Special attention will be given to the risk of human
casualties;

— identify the possibility of cluster effects of security incidents;

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— identify the vulnerabilities of each sub-area;

— identify all organisational aspects relevant to overall port security, including the division of all security-related

authorities, existing rules and procedures;

— identify vulnerabilities of the overarching port security related to organisational, legislative and procedural

aspects;

— identify measures, procedures and actions aimed at reducing critical vulnerabilities. Specific attention will be
paid to the need for, and the means of, access control or restrictions to the entire port or to specific parts of a
port, including identification of passengers, port employees or other workers, visitors and ship crews, area or
activity monitoring requirements, cargo and luggage control. Measures, procedures and actions will be
consistent with the perceived risk, which may vary between port areas;

— identify how measures, procedures and actions will be reinforced in the event of an increase of security level;

— identify specific requirements for dealing with established security concerns, such as ‘suspect’ cargo, luggage,
bunker, provisions or persons, unknown parcels, known dangers (e.g. bomb). These requirements will analyse
desirability conditions for either clearing the risk where it is encountered or after moving it to a secure area;

— identify measures, procedures and actions aimed at limiting and mitigating consequences;

— identify task divisions allowing for the appropriate and correct implementation of the measures, procedures and

actions identified;

— pay specific attention, where appropriate, to the relationship with other security plans (e.g. port facility security
plans) and other existing security measures. Attention will also be paid to the relationship with other response
plans (e.g. oil spill response plan, port contingency plan, medical intervention plan, nuclear disaster plan, etc.);

— identify communication requirements for implementation of the measures and procedures;

— pay specific attention to measures to protect security-sensitive information from disclosure;

— identify the need-to-know requirements of all those directly involved as well as, where appropriate, the general

public.

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ANNEX II

PORT SECURITY PLAN

The port security plan sets out the port's security arrangements. It will be based on the findings of the port security
assessment. It will clearly set out detailed measures. It will contain a control mechanism allowing, where necessary, for
appropriate corrective measures to be taken.

The port security plan will be based on the following general aspects:

— defining all areas relevant to port security. Depending on the port security assessment, measures, procedures
and actions may vary from sub-area to sub-area. Indeed, some sub-areas may require stronger preventive
measures than others. Special attention will be paid to the interfaces between sub-areas, as identified in the port
security assessment;

— ensuring coordination between security measures for areas with different security characteristics;

— providing, where necessary, for varying measures both with regard to different parts of the port, changing

security levels, and specific intelligence;

— identifying an organisational structure supporting the enhancement of port security.

Based on those general aspects, the port security plan will attribute tasks and specify work plans in the following
fields:

— access requirements. For some areas, requirements will only enter into force when security levels exceed
minimal thresholds. All requirements and thresholds will be comprehensively included in the port security plan;

— ID, luggage and cargo control requirements. Requirements may or may not apply to sub-areas; requirements
may or may not apply in full to different sub-areas. Persons entering or within a sub-area may be liable to
control. The port security plan will appropriately respond to the findings of the port security assessment, which
is the tool by which the security requirements of each sub-area and at each security level will be identified.
When dedicated identification cards are developed for port security purposes, clear procedures will be
established for the issue, the use-control and the return of such documents. Such procedures will take into
account the specificities of certain groups of port users allowing for dedicated measures in order to limit the
negative impact of access control requirements. Categories will at least include seafarers, authority officials,
people regularly working in or visiting the port, residents living in the port and people occasionally working in
or visiting the port;

— liaison with cargo control, baggage and passenger control authorities. Where necessary, the plan is to provide
for the linking up of the information and clearance systems of these authorities, including possible pre-arrival
clearance systems;

— procedures and measures for dealing with suspect cargo, luggage, bunker, provisions or persons, including

identification of a secure area; as well as for other security concerns and breaches of port security;

— monitoring requirements for sub-areas or activities within sub-areas. Both the need for technical solutions and

the solutions themselves will be derived from the port security assessment;

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— signposting. Areas with access and/or control requirements will be properly signposted. Control and access
requirements will appropriately take into account all relevant existing law and practices. Monitoring of activities
will be appropriately indicated if national legislation so requires;

— communication and security clearance. All relevant security information will be properly communicated
according to security clearance standards included in the plan. In view of the sensitivity of some information,
communication will be based on a need-to-know basis, but it will include where necessary procedures for
communications addressed to the general public. Security clearance standards will form part of the plan and are
aimed at protecting security sensitive information against unauthorised disclosure;

— reporting of security incidents. With a view to ensuring a rapid response, the port security plan will set out clear
reporting requirements to the port security officer of all security incidents and/or to the port security authority;

— integration with other preventive plans or activities. The plan will specifically deal with integration with other

preventive and control activities in force in the port;

— integration with other response plans and/or inclusion of specific response measures, procedures and actions.
The plan will detail interaction and coordination with other response and emergency plans. Where necessary
conflicts and shortcomings will be resolved;

— training and exercise requirements;

— operational port security organisation and working procedures. The port security plan will detail the port
security organisation, its task division and working procedures. It will also detail the coordination with port
facility and ship security officers, where appropriate. It will delineate the tasks of the port security committee, if
this exists;

— procedures for adapting and updating the port security plan.

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ANNEX III

BASIC SECURITY TRAINING EXERCISE REQUIREMENTS

Various types of training exercises which may involve participation of port facility security officers, in conjunction
with the relevant authorities of Member States, company security officers, or ship security officers, if available, will be
carried out at least once each calendar year with no more than 18 months elapsing between the training exercises.
Requests for the participation of company security officers or ships security officers in joint training exercises will be
made bearing in mind the security and work implications for the ship. These training exercises will
test
communication, coordination, resource availability and response. These training exercises may be:

(1)

full scale or live;

(2)

tabletop simulation or seminar; or

(3)

combined with other exercises held such as emergency response or other port State authority exercises.

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ANNEX IV

CONDITIONS TO BE FULFILLED BY A RECOGNISED SECURITY ORGANISATION

A recognised security organisation will be able to demonstrate:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

expertise in relevant aspects of port security;

an appropriate knowledge of port operations, including knowledge of port design and construction;

an appropriate knowledge of other security relevant operations potentially affecting port security;

the capability to assess the likely port security risks;

the ability to maintain and improve the port security expertise of its personnel;

the ability to monitor the continuing trustworthiness of its personnel;

the ability to maintain appropriate measures to avoid unauthorised disclosure of, or access to, security-sensitive
material;

knowledge of relevant national and international legislation and security requirements;

knowledge of current security threats and patterns;

(10)

the ability to recognise and detect weapons, dangerous substances and devices;

(11)

the ability to recognise, on a non-discriminatory basis, characteristics and behavioural patterns of persons who
are likely to threaten port security;

(12) knowledge of techniques used to circumvent security measures;

(13) knowledge of security and surveillance equipment and systems and their operational limitations.

A recognised security organisation which has made a port security assessment or review of such an assessment for a
port is not allowed to establish or review the port security plan for the same port.