GOVERNMENT GAZETTE OF THE HELLENIC REPUBLIC FIRST ISSUE No.63. LAW No.4058

Transcription

1 GOVERNMENT GAZETTE OF THE HELLENIC REPUBLIC FIRST ISSUE No March 2012 LAW No.4058 Provision of security services by armed guards to commercial ships and other provisions THE PRESIDENT OF THE HELLENIC REPUBLIC We issue the following law passed by Parliament: PART A Article 1 Provision of services by private armed guards On authorisation issued by the Chief of the Hellenic Coastguard, private armed guards may provide security services to commercial ships flying the Greek flag (hereinafter referred as ships ) that do not carry out maritime cabotage voyages and sail seas exposed to the risk of piracy, for the protection of the passengers, the ship and the cargo from attacks constituting piracy, as this term is defined in articles 101 and 103 of the UN Convention on the Law of the Sea (Law 2321/1995 Sanctioning of the UN Convention on the Law of the Sea and the Agreement relating to the implementation of Part XI of the Convention, A 136). Article 2 Terms and conditions of authorisation 1. Private armed guards do not form part of the ship s crew and must: a. be at least 21 years old; b. not have been irrevocably sentenced to a custodial sentence longer than six months for any offence committed intentionally; c. be members of the staff of a company with which the ship owner or manager must conclude a contract and which is duly established

2 and existing in Greece or abroad and holds recognised quality certification (ISO) for the provision of the services referred to in Part A of this law. 2. The fact that all terms and conditions relating to private armed guards are met shall be certified by the security service provider and shall be ensured in the context of the contract with the ship owner or manager. 3. A file must be submitted for the issuance of the authorisation referred to in article 1 that shall include an application by the ship owner or manager comprising the ship s particulars and an analysis of the estimated risk taking into consideration the voyage, the category and the features of the ship, the Best Management Practices recommended the International Maritime Organisation and the views of the ship s captain. 4. The authorisation shall be issued in Greek and English for a specific ship within fifteen days of the submission of a complete file and the original authorisation shall be kept on the ship. Article 3 Validity and length of the authorisation 1. The authorisation can be valid for six or twelve months, depending on the application, and shall be extended ipso facto if it expires while the ship is on a voyage until it arrives to a port where private guards and their equipment are allowed to disembark. 2. The authorisation may be renewed at the request of the ship owner or manager before its expiry, provided that the terms and conditions of its issuance are still in force. 3. The authorisation shall be revoked by the Chief of the Hellenic Coastguard in the event that any one of the terms and conditions required for issuance is no longer valid.

3 Article 4 Special charge for the issuance of the authorisation 1. For the issuance or renewal of the authorisation, the applicant shall pay a charge of: a. two thousand euro ( 2,000.00) for a six-month authorisation; b. three thousand five hundred euro ( 3,500.00) for a twelvemonth authorisation. 2. The above amounts and the costs referred to in paragraph 3 of article 26 of Law 4033/2011 (A 264) are revenues of the State Budget. Article 5 Sailors rights The ship owner or manager, via the ship s captain, shall immediately notify the crew in writing about the issuance of the authorisation. Any sailors, members of the ship s crew, who, after the issuance of the authorisation for the provision of services by private armed guards, do not wish to provide work aboard the ship shall notify the captain in writing. In such instances, the employment contract shall be terminated through no fault of the parties and the said sailors shall be entitled to be repatriated, the costs of which shall be incurred by the ship owner or manager. Article 6 Safekeeping and use of weapons 1. Weapons and ammunition of the private armed guards shall be kept on the ship, at premises accessed jointly by the captain or his substitute and the head of private armed guards or his substitute, who shall be defined by name in the authorisation. 2. Private armed guards providing services aboard pursuant to Part A of this law shall be subject to the authority of the captain or his lawful substitute. The use of weapons, in the context of the provision of security services, shall be allowed within high-risk areas to address imminent risks to the passengers, the ship or its cargo, by order of the captain and only to the extent required to avert the risk.

4 3. When the ship sails through high-risk areas for pirate attacks, private armed guards may be prohibited from using their weapons and ammunition, on the basis of available information about the security level, the Hellenic Coastguard Headquarters or the captain so orders. Article 7 Obligations of the captain of a Greek ship The captain of a ship provided with the authorisation referred to in article 1 that sails across the territorial waters of a third country or is located at a port or anchorage thereof shall be obliged, if so requested by the competent authorities of the coastal country, notify them of the presence aboard of weapons and ammunition of private armed guards, the number, type and quantity thereof and the safekeeping premises by producing the authorisation. The captain shall have the same obligation if so requested by the commander of a battleship of any country in open sea. Article 8 Obligations of the captain of a ship flying a foreign flag The captain of a ship flying a foreign flag shall be obliged, within twenty four (24) hours before sailing across Greek territorial waters, notify in writing the Operations Centre of the Hellenic Coastguard Headquarters of the presence of armed guards or of weapons and ammunition associated with the provision of services by private armed guards aboard and comply with any instructions given. The notification obligation concerns the number, type and quantity of weapons and ammunition, their safekeeping premises aboard, the port of arrival and whether the ship holds the relevant authorisation by the authorities of its flag country. Article 9 General prohibition 1. Any use of weapons and ammunition, including the maintenance thereof, carried or located aboard ships flying foreign flags shall be prohibited within Greek territory.

5 2. Subject to paragraph 5 of article 13 and article 8 as regards compliance with any instructions given by the Operations Centre of the Hellenic Coastguard Headquarters or the port authority, weapons and ammunition onboard any ship, associated with the provision of services by private armed guards, must be kept in special locked premises thereof when the ship is within Greek territory. Article 10 Penalties 1. A custodial sentence of up to nine (9) months or a monetary fine shall be imposed to: a. any private armed guard aboard a ship without authorisation and any private armed guard who violate the obligations referred to in articles 6 and 9; b. the legal representatives of the ship owner or manager or the security service provider referred to in articles 1 to 13 and the captain, if they otherwise approved or consented to the boarding of unauthorised private armed guards; c. the legal representatives of the ship owner or manager, if false or inaccurate information was submitted for the issuance or renewal of the authorisation; d. the captain of a ship flying a foreign flag, in case of violation of the provisions of article Any weapons and ammunition of private armed guards onboard ships flying Greek or foreign flag within Greek territory, which are not authorised or approved by the authorities of the flag country, shall be confiscated and seized by the Hellenic Coastguard. The confiscation shall not be cancelled if the authorisation or approval of the authorities of the flag country is produced or issued subsequently, even with retroactive validity. 3. Any violation of the terms and conditions of the authorisation referred to in article 1 shall incur the administrative penalties stipulated in article 45 of legislative decree 187/1973 Code of Public Maritime Law (A 261), as amended and currently in force. An appeal may be lodged against the relevant decisions pursuant to the provisions of the same article.

6 Article 11 Security service providers Indent (l) shall be added to paragraph 1 of article 1 of Law 2518/1997 (A 164), as amended and supplemented by paragraph 15 of article 10 of Law 2801/2000 (A 46), paragraph 2 of article 14 of Law 3013/ 2003 (A 23) and paragraph 1 of article 1 of Law 3206/2003 (A 298), as replaced by article 1 of Law 3707/2008 (A 209), as follows: (l) Security services by private armed guards to commercial ships flying the Greek flag for the protection of the passengers, the ship and the cargo from attacks constituting piracy, as this term is defined in articles 101 and 103 of the UN Convention on the Law of the Sea (Law 2321/1995 Sanctioning of the UN Convention on the Law of the Sea and the Agreement relating to the implementation of Part XI of the Convention, A 136). Article 12 Implementing provisions 1. A presidential decree, issued on recommendation of the Ministers of National Defence, of Development, Competitiveness and Shipping and of Citizen Protection, shall specify the qualifications, the certification and other properties of private armed guards personnel made available to ships by companies operating in Greece and the possession of weapons for the provision of the security services referred to in Part A of this law. 2. A joint decision of the Ministers of Foreign Affairs, of Development, Competitiveness and Shipping and of Citizen Protection may exclude companies established and operating in specific countries from the issuance of the authorisation referred to in article 1 hereof. 3. A joint decision of the Ministers of National Defence, of Development, Competitiveness and Shipping and of Citizen Protection, for the issuance of which account shall be taken of the relevant applicable guidelines of the International Maritime Organisation, shall specify matters relating to:

7 a. the information comprised in the authorisation and a specimen thereof, especially the mention of the head private armed guard and his substitute by name, and the obligation to notify the name of the head guard and his substitute; b. the information required for the application file submitted by the ship owner or manager, pursuant to paragraph 3 of article 2 hereof; c. the high-risk areas; d. the incident reporting procedure; e. any other relevant matter. 4. A joint decision of the Ministers of Finance, of Development, Competitiveness and Shipping and of Citizen Protection shall specify matters relating to the entry in or exit from the country and the carriage to or from the ship of weapons and ammunition associated with the provision of the services referred to Part A of this law by private armed guards aboard ships flying any flag located at Greek ports or anchorages. 5. A joint decision of the Ministers of Development, Competitiveness and Shipping and of Citizen Protection, issued with due regard to the overall situation of piracy and the corresponding international security level, may revoke or suspend the validity of an already issued authorisation referred to in article 1 hereof. 6. A joint decision of the Ministers of Finance, of Development, Competitiveness and Shipping and of Citizen Protection may redefine the maximum period of validity of the authorisation referred to in article 1 hereof and the level of the payable charge for authorisations issued after the entry of such decision into force. 7. A joint decision of the Ministers of Finance and of Citizen Protection shall specify matters relating to the terms and conditions for the holding of training seminars for ships armed guards by Hellenic Coastguard officers, the issuance of attendance certificates, the period of validity thereof, the cost of participation therein, which is revenue of the State Budget, and any other relevant matter.

8 Article 13 Application of the provisions The provisions of Part A of this law shall apply notwithstanding applicable provisions, especially those relating to matters of weapons, ammunition, explosives, explosive mechanisms (Law 2168/1993, A 147), and private security providers (Law 2518/1997 A 164). [ ]