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dently assess the competency of PMSCs.PVI is one of the few PMSCs involved in the pilot schemeand is working through the process with Lloyd’s RegisterQuality Assurance (LRQA). As a subsidiary of Lloyd’s RegisterGroup Limited, LRQA clearly has strong foundations inthe maritime industry and is one of three global managementsystem certifiers participating in the pilot.Ultimately, ISO/PAS 28007 is all about risk assessment. Ithas been specifically created for ship owners and operators tosupport them in deciding whether or not the risk that they aretaking has been properly evaluated, calculated and assessed.This can only be welcomed.German AccreditationAlthough the ISO/PAS 28007 represents a landmark in theprofessionalization of PMSCs and will represent the foundationfor future due diligence, certain Flag States continue toadopt their own procedures to determine which companies areapproved to protect vessels sailing under that Flag. Panama,Malta, Belgium, Croatia, Greece, the Netherlands, Luxembourg,Italy, the UK and Cyprus, for example, all have particularrequirements for the utilization of PMSC services and from1 December 2013, Germany will join that group. Changes toGerman law will mean that only licensed PMSCs will be ableto provide security services onboard German-flagged vessels.The updated German regulations are more stringent thanany other existing standard and go beyond those of the ISO28000/28007 certification. It may well be, therefore, thatmany maritime security companies will not afford the timeand resource to achieve this mandatory accreditation.The German regulations require companies not only to demonstratedue process, but also to evaluate the implementationof those processes. PMSCs are asked to, amongst other things,submit standard operating procedures and company documentationfor scrutiny by the authorities. They also place greatemphasis on training standards, for example obtaining knowledgeand skills relevant to the German public. This includescomprehensive knowledge of German civil and criminal laws– such as width and limits of right of self-defense – crisishandling, de-escalation techniques, the secure handling ofweapons and equipment, as well as weapons law and foreigntrade law of Germany, and of the relevant harbour and coastalstates. In addition, they require the PMSC’s Privately ContractedArmed Security Personnel (PCASP) to conduct andevidence regular firearms training.PVI is committed to obtaining a license from the GermanAuthorities to enable it to place its PCASP on German-flaggedvessels. It is undertaking the additional training in-house andhas employed independent German legal experts to ensure theaccuracy of the German legal training requirements.Whilst there have been questions over the necessity for suchcomplexity in the German regulations, what is being set outto achieve is obvious; mitigation of risk in an area where thestakes are high. BAFA and the Polizei Hamburg are proactiveand knowledgeable in their approach, providing direction andsupport to interested PMSCs and the German Governmentshould be praised for its attempt to not only regulate this maturingindustry but ultimately keep seafarers safe.As the maritime security industry gradually matures and therisks presented by anything less than an exemplary approachbecome readily apparent, it stands to reason that ship ownersand operators are becoming increasingly discerning in theirchoice of security partner. This is why accreditation that recognizesand rewards legal compliance, professionalism, qualityand excellence is to be applauded and embraced.The AuthorCharlie Butterworth is In House Counsel to PVI and has been abarrister since 2003. She has become one of a few specialistmaritime security lawyers experienced in advising on the lawrelating to shipping and piracy, insurance risk and alleviation,relevant aspects of public international law, rules of the useof force at sea, flag state law and regulation, internationalconventions such as UNCLOS; SOLAS as they relate to therights of individuals and matters of legal jurisdiction.www.maritimeprofessional.com | Maritime Professional | 53