Security and

Finnish Port Authorities

ISPS Seminar16.9.2014

at Finnish Transport Safety AgencyKirsti Tarnanen-Sariola, Deputy Director, Finnish Port Association

Port authority role at Finnish ports Finnish ports are service ports: port authorities offer

infrastructure and services (eg mooring, cranes, waste management).

Cargo operations are performed by private port operator companies. Numerous service providers work in port area. Industrial companies may also be located there.

Legislation often gives port authority a coordinator and/or supervisor role (safety, environment, security, dangerous goods transport) over other companies in the port area. contracts, house rules, ’commercial’ sanctions. Legal sanctions only by court decision if laws are broken.

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Port legal status and ownership of ports

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ISPS applies to all ports handling foreign traffic, but all ports are not alike:Public ports are open to all vessel traffic and mostly owned by local authorities, a minor number by private companies. Private industy ports are open to company own traffic only. To ensure level playing field between all public Finnish ports, local authority owned ports have to be turned into private sector companies by the end of 2014. Local authorities will retain ownership of their privatised ports.Business as such will not change, but certain public sector functions i.e. preparedness tasks need to be reviewed.

Finnish port authorities are not public authorities Port authorities have same rights as any company to issue

own ’codes of conduct’ (eg. port ordinance) which are valid in the area the port authority controls.

If contracts are not met or port ordinance not obeyed port authorities’ sanctions by port can be only be sanctions of commercial or administrative nature.

Finnish port authorities have no public authority rights – when these situations arise at port POLICE, BOARDER GUARD or CUSTOMS is always needed.

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”Port area – unauthorised entry forbidden”

Decree 1104/2013 under Police Act, issued by Ministry of Interior (in force 1.1.2014): determined security sensitive areas can be granted ’entry forbidden’ -status. Violation of decree is sanctioned with fine.

Ports can apply for the status. Practical requirements: fenced area, no entry -rule and

sanctioning by fine has to be clearly expressed both at land and water accesses.

Advantages: unauthorised entrance to the port area forbidden as such and can be handled as a police matter, and not subject to discresion by police or other authorities.

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