Maritime piracy

The emergency response plan applies in an emergency.

An emergency describes a situation where a ship registered in the Grand Duchy of Luxembourg has been the victim of an act of piracy or armed robbery on the high seas. Since merchant ships registered in the Grand Duchy are considered to be assimilated to the national territory if they are in international waters, the Luxembourg State has to abide by the provisions relating to the activities of the State of registration.

The maritime piracy emergency response plan defines the action the Luxembourg Government should take in the event of maritime piracy or armed robbery on the high seas against a ship registered in the Grand Duchy of Luxembourg.

In response to the multitude of possible incidents with their varied impacts and repercussions, this plan provides those charged with its execution with the tools they need to react with the required flexibility in order to deal in an appropriate fashion with the events that occur.

The plan aims to:

• determine which bodies will manage the crisis,
• define the emergency measures, associated actions and the respective stakeholders and figures in charge,
• set out the process for alerting the authorities and providing information to the public,
• allow a rapid and coordinated reaction in the event of an incident of maritime piracy occurring.

As soon as the authorities become aware of an incident, the Risk Management Cell (CGDR) is alerted and carries out an evaluation of the information available, according to the following criteria:

• geographical location of the ships;
• type of ship (type of cargo);
• national and international political events;
• generally, any relevant information representing a direct threat to national, European or transatlantic interests with regard to security.

Article 101 of the United Nations Convention on the Law of the Sea (UNCLOS) signed in Montego Bay on 10 December 1982 determines that piracy consists of any of the following acts:

(a)     any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:

(i)     on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;

(ii)    against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;

(b)     any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;

(c)     any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).

Article 100 specifies that all States shall cooperate to the fullest possible extent in the repression of piracy on the high seas or in any other place outside the jurisdiction of any State.

Resolution A.1025(26) adopted by the International Maritime Organisation (IMO) on the Code of Practice for the Investigation of Piracy and Armed Robbery against Ships determines that armed robbery against a ship consists of any of the following acts:

(a)     any illegal act of violence or detention or any act of depredation, or threat thereof, other than an act of piracy, committed for private ends and directed against a ship or against persons or property on board such a ship, within a State’s internal waters, archipelagic waters and territorial sea;

(b)     any act of inciting or of intentionally facilitating an act described above.

The execution of the plan developed under the leadership of the High Commission for National Protection (Haut-Commissariat à la Protection Nationale - HCPN) falls under the remit of the Prime Minister and Minister of State, and the Minister with responsibility for maritime affairs.  All the ministries, agencies and departments of the State are required to cooperate in achieving the aims of the plan, using all the means available to them.

The Maritime piracy plan sets the following management bodies in a cyber emergency:

• the Crisis Cell (Cellule de crise, CC) ;
• the Operational Cell (Cellule opérationnelle, CO);
• the Risk Management Cell (Cellule de gestion de crise, CGDR);
• the Communication/Information Cell (Cellule communication/information, CCI).

The Crisis Cell (CC) is activated by the Prime Minister and Minister of State in the event that a crisis is imminent or has occurred. It initiates, coordinates and monitors the execution of all the measures intended to deal with the crisis and its effects and return the situation to normal. It prepares the necessary decisions and submits them to the government for approval. In the event of operational response being required in the field, the Crisis Cell's mission extends to coordinating and monitoring the execution of the measures.

In an emergency, the Crisis Cell is composed of :

• the High Commissioner for National Protection;
• the Government Commissioner for Maritime Affairs;
• the Director-General of the Grand Ducal Police;
• the Director of the State Intelligence Service ;
• the Chief of Staff of the armed forces;
• the State Prosecutor – Tribunal d’arrondissement de Luxembourg ;
• a representative from the Ministry of Foreign and European Affaires;
• the Director of the Office for crisis communication.

The Crisis Cell (Cellule de crise, CC) operates throughout the duration of the crisis until the situation returns to normal: it initiates, coordinates and monitors the execution of all the measures intended to deal with the crisis and its effects in order to return the situation to normal.

The Crisis Cell (Cellule de crise, CC) can appoint an operational cell (Cellule opérationnelle, CO) to execute, implement and monitor the ordered measures and activities.

The Risk Management Cell's role in managing the crisis is to monitor the changing situation and keep the CC informed. Made up of experts, it evaluates the situation and increases surveillance before the Crisis Cell is activated. It is headed by the Government's Commissioner for Maritime Affairs.

The Communication/Information Cell (Cellule communication/information, CCI) is in charge of communication and providing information for the media and citizens. The horizontal coordination of organising external communication falls to the Office for crisis communication (Service de la communication de crise).

As soon as the authorities become aware of an incident, the Risk Management Cell (CGDR) is alerted and carries out an evaluation of the information available, according to the following criteria:

• geographical location of the ships;
• type of ship (type of cargo);
• national and international political events;
• generally, any relevant information representing a direct threat to national, European or transatlantic interests with regard to security.

In the field of maritime transport, the Conference of Contracting Governments to the 1974 International Convention for the Safety of Life at Sea (SOLAS) adopted on 12 December 2002 a new International Ship and Port Facility Security Code.

The International Ship and Port Facility Security Code applies to ships involved in international commercial shipping and the port facilities serving such ships. It does not apply, however, to warships or ships carrying out non-commercial activities.

It is an international tool designed to prevent unlawful acts being committed against commercial ships, the people and goods they carry, and port facilities. Its aim is to detect, prevent and dissuade criminal acts that might jeopardise the security of maritime transport.

Implementation of the Code applies

• within States;
• in ports;
• on board ships, and within shipping companies.

The the three levels of security listed in the Code are:

• Level 1: This defines the minimum measures that are appropriate and maintained at all times.
• Level 2 : This defines the additional measures to be maintained during a specified period because of a heightened risk of a security incident occurring.
• Level 3 : This provides for the activation of special measures to be maintained during a limited period in the event of a probable or imminent threat.

Each ship must have it own Ship Security Plan (SSP), drawn up after carrying out a full assessment of the risks specific to the ship's cargo, its internal organisation and its itinerary and after identifying any threats to essential operations on board and the probability of their occurring.

In the event of an incident occurring, a system for exchanging information is set up between the Ministry of Foreign and European Affairs and the diplomatic authorities of the States involved.

The Public Prosecutor's Office in Luxembourg and the Grand-Ducal Police inform the legal and police authorities of the States involved.

Throughout the duration of the crisis, the Crisis Cell keeps in regular contact with the shipowner.