Law change allows private security on Estonian-flagged ships sailing in risk zones
A legislative amendment will allow the owner of a ship sailing under the Estonian flag to use approved private armed maritime security when passing through high-risk areas, the Transport Administration (Transpordiamet) has said.
A maritime security guard is tasked with protecting a vessel from attacks in high-risk areas, including by protecting the ship's crew members and any passengers on board.
The ministry says that with piracy on the high seas and armed robbery in territorial waters still a hazard, the legislative amendment will increase the international attractiveness of sailing under the Estonian flag, by allowing shipowners to enter contracts quickly and flexibly with security firms.
Maritime security personnel can only be involved if stipulated in the ship's security plan and when passing through high-risk areas (including the coast of West Africa, and the Malacca and Singapore Straits).
The amendment will mean that the state does not issue an activity license, but rather a system built on the principle of shipowner's responsibility: the shipowner selects a company providing ship security services that meets the conditions set by the state.
At the same time, the shipowner is obliged to inform the Transport Administration of the conclusion of a contract of this kind, and the specific times and locations for involving maritime security guard and weapons.
A new Security Act is to enter into force on July 1, 2024, aimed at ensuring the quality and reliability of security activities and to promote cooperation between security companies and state authorities, the ministry says.
Shipowners may enter into a contract with any security company that hold the required license in an EU/EEA member state, or in the U.K.
The act also amends the Maritime Safety Act and the Law of Ship Flag and Ship Registers Act.
A government order is also to set out recognized standards and requirements for the compliance of a company providing ship security services.
International law requires that all ships be registered in a sovereign country, known as its flag state.
The ship is subject to the law of its flag state, ie. when sailing under the flag of the country of registration.
While the shipowner need not be from the flag state, under the Geneva Convention on the High Seas of 1958 and Article 91 of the United Nations Convention on the Law of the Sea 1982 require a "genuine link" between a vessel and its flag state.
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Editor: Andrew Whyte
