Статья посвящена правилам организации вооруженной охраны на борту шведских судов при помощи контракта GUARDCON. Авторы информируют о новом законодательстве Швеции, которое позволит обеспечить безопасность судов под флагом Швеции в зонах, опасных в отношении пиратских атак.
Following the terrorist attack of September 11 2001, the International Maritime Organisation’s (IMO) General Assembly agreed to make extensive amendments to the Safety of Life at Sea Convention, in order to implement a new legal framework – the International Ship and Port Facility Security Code 2004 – for the purpose of preventing crime that threatens maritime security.
In March 2011 the European Parliament and European Council implemented the provisions by EC Regulation 725/2004,(1) which is directly applicable in the European Union.
In Sweden, the legal framework has been implemented by several amendments to existing vessel safety legislation and new statutes.(2) However, these statues did not take into account a potential need for security guards on board ships.
Until recently, the IMO also had a restrictive policy in respect of the use of security guards, due to the risk that an increased use of arms, including the use of heavier weapons, could result in an arms race with pirates. However, the increased use of armed guards and the expanding market in the number of firms offering armed maritime security services in the wake of the increased threat to commercial shipping by pirates, impelled the IMO in 2011 to issue interim guidance to shipowners, ship operators and shipmasters on the use of privately contracted armed security personnel on board ships in high-risk areas.(3) The Baltic and International Maritime Council has further issued a standard form intended for engagement of private security companies: the GUARDCON contract for the employment of security guards on vessels.
Unlike several other shipping nations, Sweden has not yet adopted regulations on the employment of security guards, despite recommendations from the IMO.(4) However, Parliament is expected to enact a new law governing such employment in March 2013. The Act on Guarding Onboard Swedish Ships is intended to enter into force on January 1 2013 and will allow Swedish shipowners and operators to contract private security companies.(5) The new act will apply to ships subject to the International Ship and Port Facility Security Code, trading outside the European Economic Area.(6)
Under the new act, private maritime security companies that provide protection against piracy onboard Swedish ships must be authorised, and armed security personnel who are in possession of weapons must be licensed.(7) Subject to the new provisions, a shipowner or operator must obtain permission to employ armed guards. Such permission shall be granted only if the service will be conducted in a competent and judicious way and in accordance with applicable requirements.(8)
A ship master who engages onboard security personnel must ensure that the following details are noted in the ship’s log book:
- identification;
- personal details;
- the time period that the personnel are on board; and
- certain details in respect of firearms.(9)
Furthermore, a shipowner or operator and master may face criminal penalties if they fail to comply with the new provisions, either intentionally or though negligence.(10)
Endnotes
(1) EC Regulation 725/2004 of the European Parliament and of the Council of March 31 2004 on enhancing ship and port facility security.
(2) See particularly the Act on Maritime Security (2004:487), the Government Ordinance on Maritime Security (2004:283) and the Swedish Maritime Administration’s Regulations and General Advice on Maritime Security (SJÖFS 2004:13).
(4) Cf eg, MSC 1/Circ 1406/Rev 1 and MSC 1/Circ 1408.
(5) See Ds 2012:15, Bevakning ombord på svenska fartyg (published in the ministry publications series).
(6) The International Ship and Port Facility Security Code is applicable to cargo ships over 500 bt and all passenger ships in international shipping.
(7) Cf the Act on Security Companies (1974:191) and the Weapons Act (1996:67).
Авторы: Sören Thorlin, Mattias Widlund