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THE GUARDIAN
CONSCIENCE, NURTURED BY TRUTH
LAGOS, NIGERIA.     Wednesday, August 25 2004
 

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today:
Ministry bans two ships over security code
By David Ogah, Senior Maritime Correspondent

TWO local shipping firms have become the first victims of the International Ship and Port Facility Security (ISPS) Code Enforcement Act 2004 recently passed by the Federal Government.

The companies, whose identities were not revealed, have had their two ships banned by the government from operating in Nigerian territorial waters.

They were accused of non-compliance with the new world maritime security order, which came into force on July 1, 2004.

The affected vessels are MV Red Pelican and MV Ibom.

In a statement, the National Maritime Authority (NMA) explained that the two vessels were in the class of ships that needed ISPS compliance by July 1 but failed to obtain them.

The statement, signed by the NMA Director-General, Mr. Ferdinand Agu, added that the action was based on the directive from the Minister of Transport that the vessels be banned from operating in Nigerian waters until further notice.

"In exercise of the powers conferred on his office by the Merchant Shipping Act, 1962 as amended, the International Ship and Port Facility Security (ISPS) Code Enforcement Act 2004 and to safeguard public interest, the Honourable Minister hereby directs that:

  • the National Maritime Authority should issue uniform and standardised guidelines for additional security measures to be applied by all vessels below the 500 gross tonnage ISPS Code limit for their compliance and enforcement; and

  • the two vessels MV Red Pelican and MV Ibom, which should be ISPS Code complaint, but are not, are hereby barred from further operations in Nigerian waters until their operators undertake an acceptable security assessment, obtain approvals for their ship security plans and implement them in the satisfaction of the honourable minister of transport.

    Although, Agu did not identify the owners of the companies, maritime operators said one of the vessels belongs to a state governor in one of the South East states.

    The statement, titled "Marine Notice No 023/08: Control and compliance measures on International Ship and Port Facility Security (ISPS) Code," traced the history of the policy and various efforts made by Nigeria to comply with the rule.

    "Shipping and port industry stakeholders and the general public will recall that the protocol establishing the ISPS Code was signed at the International Maritime Organisation in December 2002. The ISPS Code created a global framework for national and international cooperation and coordination to ensure the safety and security of ships and port facilities against terrorism and unlawful act against shipping. A period of 18 months was allowed for national governments, shipping and port interests to take the necessary steps to ensure compliance, before the code came into force in July 2004," he said.

    To facilitate Nigeria's compliance with the code, Agu said government had set up the Presidential Implementation Committee on Maritime Safety and Security (PICOMSS), which prepared the legal, administrative and technical aspects of the code for easy implementation.

    Justifying the ministerial directive on his authority in respect of the ban on the two vessels, Agu said PICOMSS organised a "well attended awareness campaign for ship and port industry stakeholders in Lagos, Port Harcourt, Calabar, Warri and Abuja besides meetings by NMA and the Nigerian Shippers Council (NSC) with ship owners to sensitise them on the requirements for compliance with the code.

    He also said the minister met with members of the Nigerian Shipping Companies Association, Indigenous Ship Owners Association of Nigeria and the Maritime Industry Service Consultative Organisation (MISCO) to appraise them of national compliance status; and urge them to undertake mandatory ship security assessments and obtain the ship security plan approvals for all their vessels to which the code applied.

    According to Agu, inspections carried out by PICOMSS and the NMA on all convention-sized vessels and non-convention vessels engaged in ship-to-ship or ship-to-port interface with the ISPS code in the country revealed that:

  • all major vessel operators were aware of the ISPS Code and most of the ships above the 500 gross tonnage threshold of the code were in compliance;

  • most operators whose vessels were below the ISPS code limit of 500 gross tonnage have initiated additional security measures for their vessels and companies even when they are not affected by the code; and

  • MV Red Pelican and MV Ibom were in the class of vessels that required mandatory ISPS Code compliance but they are not in compliance.

    "The Honourable Minister has noted the pleas of compliant operators and various stakeholders that government must act quickly to avoid the contamination of approved facilities as this will not only hamper the legitimate business of law-abiding operators but also needlessly threaten the income stream of the nation to the manifest injury of Nigerian people," he said.

� 2003 - 2004 @ Guardian Newspapers Limited (All Rights Reserved).
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