The Irish Department of Transport, Tourism, and Sport published a notice regarding European Commission’s Brexit Preparedness Notices, including one on the impact on maritime security.
Ahead of Brexit and the uncertainties that come with it, especially regarding the content of a possible withdrawal agreement, Ireland reminded operators of maritime transport services are reminded of the legal repercussions, which need to be considered when the UK leaves the EU.
Namely, as of the withdrawal date on 30 March 2019, the EU rules in the field of maritime security will no longer apply to the United Kingdom. This has in particular the following consequences:
- Article 6 of Regulation (EC) No 725/2004 requires the relevant authority for maritime security of the Member State to request ships announcing their intention to enter a port to provide certain security information. According to Article 7(1),(2) of Regulation (EC) No 725/2004, Member States can request each other, for international scheduled services operated between them, to exempt these services from providing this mandatory security information. As of the withdrawal date, this possibility will no longer exist for the United Kingdom. This means that, as of the withdrawal date, all scheduled services falling within the scope of Article 6 of Regulation (EC) No 725/2004, such as ferry links between the United Kingdom and EU Member States, will be subjected to the mandatory provision of security information set out therein.
- According to Article 16(2) of Directive 2005/65/EC, the personnel performing security inspections or handling confidential information (including the personnel of recognised security organisations) requires a security vetting of the Member State of which the person concerned is a national. This means that United Kingdom personnel (thus holding a security clearance from the United Kingdom) can no longer carry out the security inspections referred to in this Directive.
