A place of refuge is a place where
a ship in need of assistance can take action to enable it to stabilize its
condition and reduce the hazards to navigation, and to protect human life and
the environment. It may include a port, a place of shelter near the coast, an
inlet, a lee shore, a cove, a fjord or a bay or any part of the coast. Because
of the many variable factors involved, and the variety of risks, a decision to
grant access to a place of refuge can only be taken on a case-by-case basis.
Against the background of past
maritime accidents in European waters, the VTMIS Directive includes a number of
provisions (Articles 20, 20a, 20b, 20c, 20d, and 23d) concerning ships in need
of assistance seeking a place of refuge. The Directive builds on the IMO-Guidelines on
places of refuge, and establishes obligations for the different parties
involved in such incidents. These aim at ensuring that Member States have
effective and independent systems in place, including the required set up,
structure and command, to deal with such situations. The Union Maritime
Information and Exchange System (SafeSeaNet) is designated
in the VTMIS Directive as the appropriate platform for sharing relevant
information.
Many times situations leading to a
request for a place of refuge involve one Member State and will be handled by
the same State, under its jurisdiction. There may however be cases involving
neighboring Member States or Member States in the vicinity of the incident. In
order to facilitate the cooperation, the Directive requires the authority or
authorities to meet regularly to exchange expertise and experiences.
Therefore, in the aftermath of the
MSC Flaminia
incident, an expert group was established in 2013, under the chairmanship of
the Commission, comprising all EU Member States. This group, which meets
regularly, decided to develop EU Operational Guidelines
to complement national plans and apply to situations where it is
likely that more than one State may become involved, or where the incident
falls outside the jurisdiction of any Member State.
The EU Operational Guidelines were
drafted with a real operational situation for a vessel in need of assistance in
mind, in a common effort including EU Member States, and several industry
stakeholders, with the support of the Commission and EMSA. They aim at a robust
operational process leading to well-advised and, where possible, quicker
decision making. At the same time, they should contribute to promoting positive
attitudes – within Governments, authorities, and the industry – for the
purposes of Places of Refuge, in the interest of the protection of human life,
maritime safety, security and the environment.
EU Member States have recently agreed EU-wide Operational Guidelines on places of refuge for ships in need of assistance. The guidelines are the product of a joint effort between Member States, the European Commission and key industry stakeholders and seek to promote positive attitudes within governments, port and local authorities and the industry for the purposes of places of refuge.
The catalyst behind these guidelines has been a series of maritime incidents involving ships in distress in waters outside the jurisdiction of any one state, which evidenced a need to enhance cooperation between Member States confronted with a ship in need of assistance.
The guidelines provide practical guidance for the different parties involved in the process of managing a request for a place of refuge from a ship in need of assistance to facilitate effective decision making.
The catalyst behind these guidelines has been a series of maritime incidents involving ships in distress in waters outside the jurisdiction of any one state, which evidenced a need to enhance cooperation between Member States confronted with a ship in need of assistance.
The guidelines provide practical guidance for the different parties involved in the process of managing a request for a place of refuge from a ship in need of assistance to facilitate effective decision making.
1 IMO Guidelines may be downloaded at
2 The EU Operational Guidelines may be downloaded at
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