Editorial:

ISPS implementation – a step into the unknown

The International Ship and Port Facility Code (ISPS code) will, for better or for worse, be implemented from 1 July, and many owners see numerous teething problems, which could disrupt trade. Any hope of flexibility of implementation was lost at last month’s meeting of the IMO Maritime Safety Committee. The only flexibility available could be with flag states, which could accept interim certificates. But the United States is adamant that vessels without the necessary certificate will be denied access to US ports. There are likely to be more than just teething problems. It was to be expected and therefore a longer compliance period might have been the smart play.

Generally speaking the ISPS code is an amendment to SOLAS chapter XI to include special measures for maritime security. The new SOLAS chapter XI-2 and the ISPS code essentially takes the view that ensuring ship and port security is a basic risk management activity. The ISPS code thus provides a standardized, consistent framework to evaluate risk and to enable governments to effect changes in threat levels with changes in vulnerability of ships and port facilities.
It was the tragic September 11th terrorist attack, which brought the dangers home to most people. But it is well worth a note that as early as in October 1985 terrorists hijacked the Italian cruise ship Achille Lauro. IMO immediately began work on a framework on a new Convention for the Suppression of Unlawful Acted against Safety of Maritime Navigation (SUA), which was ready in 1988. Since then a series of instruments were adapted to enhance maritime security: Measures against robbery and piracy, passenger security on passenger vessels, measures against stowaways and drugs.

Since the terrorist attack on New York and Washington the IMO has been a hive of activity to review current conventions to decide on amendments to SOLAS and make it more effective. The pressure from the US for a speedy introduction has, quite naturally, unearthed a lot of problems, which are bound to follow the implementation of the ISPS code. In the name of expediency, a number of problems have either been overlooked or simply ignored, especially by the US. There is a price to pay and the new measures could disrupt trade, particularly to and from the US.

Some critics say that the new code is a minefield simply because of the comparatively short deadline for implementation. Few say that the code is unnecessary, only that more care should be taken to address the practicalities of some of the measures. However, the international shipping industry will adjust, yet again, as it always has done. But the cost this time around could be much higher than expected and far beyond the implementation cost. There will be a price to pay for delays, frustrated sailing schedules, a number of unexpected complications, added bureaucracy and special, local measures in US ports.

Petter Arentz - Editor