Marine Security Operations Bulletin - 2007–002

File number: 4303–12
No : 2007–002

ISSUE

Shore leave and access to ships under the ISPS code, by representatives of seafarers' welfare and labour organizations

Purpose:

Subject to the provisions of the Marine Transportation Security Regulations this Marine security Operations Bulletin serves as a reminder of the intent of circular MSC/Circ 1112 with respect to SHORE LEAVE AND ACCESS TO SHIPS UNDER THE ISPS CODE, dated 7 June, 2004, which is to obtain a proper balance between the needs of security and the protection of the rights of seafarers.

Directive:

Canada, as part of the international maritime community endorses the spirit and intent of the International Maritime Organization MSC/Circ 1112 with respect to SHORE LEAVE AND ACCESS TO SHIPS UNDER THE ISPS CODE, dated 7 June, 2004, on the need to afford special protection to seafarers when implementing the provisions of SOLAS Chapter XI-2, the ISPS Code.

Masters, port administrations and marine facility operators are reminded of the intent of the above noted circular, which is to obtain a proper balance between the needs of security and the protection of the rights of seafarers.

The Marine Transportation Security Regulations include the following provisions that aim to provide the necessary balance between security and the rights of seafarers when access is requested:

206. (1) Nothing in this Part permits any person to constrain the master of a vessel from making or executing any decision that, in the professional judgment of the master, is necessary to maintain the safety and security of the vessel, including decisions

(c)to coordinate, with marine facility operators or port security officers, shore leave for vessel personnel or crew change, as well as access through marine facilities of visitors to the vessel, including representatives of seafarers' welfare and labour organizations...”

303. The operator of a marine facility shall

1. (i) coordinate, with the master of a vessel and, if the marine facility is in a port, the port security officer, shore leave for vessel personnel or crew change, as well as access through the marine facility of visitors to vessels, including representatives of seafarers' welfare and labour organizations;"

355. The operator of an occasional-use marine facility shall

(e) coordinate, with the master of a vessel and, if applicable the port security officer, shore leave for vessel personnel or crew change, as well as access through the marine facility of visitors to vessels, including representatives of seafarers' welfare and labour organizations;"

Please keep in mind that the Marine Transportation Security Regulations must be interpreted and applied in a manner that is consistent with the general purpose of the Marine Transportation Security Regulations, which is to deter, prevent, and detect acts that threaten security in the Canadian marine transportation sector, thereby strengthen the International maritime security framework.

If access is denied to personnel holding proper identification from their respective organization, operators of marine facility are encouraged to further engage in seeking the coordination with the Master of the vessel as to when the Master would prefer to provide access. If attempts to coordinate access are unsuccessful, the individual seeking access should advise the nearest Transport Canada, Marine Safety office of any access denied to representatives of seafarers' welfare and labour organizations of any concerns.

Any comments, suggestions or concerns can be addressed to the Director, Marine Security Operations by e'mail at dirops.marsec@tc.gc.ca or by phone at 613-990-1450 .

Dated
December 20, 2007

(See PDF for IMO reference document)