Places of refuge: General legal framework and developments within IMO and the EU

1. Places of refuge: General legal framework and developments within IMO and the EU Alexandros KailisEuropean Commission DG MARESymposium on Coastal States Regulation of Marine Shipping University of Tromsø,30-31 October 2008

2. Places of refuges : Starting point Main incidents • Erika (December 1999) • Castor (December 2000) • Prestige (November 2003) ↓ Need for action and measures at International and European level

3. The Legal Framework of Places of Refuge at International and European Level IMO Level • Discussions in the Maritime Safety Committee (MSC) • Guidelines on places of refuge for ships in need of assistance [Res A.949(23, December 2003)] • Maritime Assistance Service (MAS) [Res. A.950(23)] European Community Level • Introduction of provisions on Places of refuge in ERIKA-II package (December 2000) Directive 2002/59/EC of June 2002 establishing a Community vessel traffic monitoring and information system (repealing Council Directive 93/75/EEC) • New provisions of Places of refuge in ERIKA-III package (December 2005) Proposal for a Directive amending Directive 2002/59/EC

4. IMO Framework 1. Guidelines on places of refuge for ships in need of assistance - IMO Resolution A.949(23) - Basic Concepts • Ships in need for assistance «Ship in need of assistance means a ship in a situation, apart from one requiring rescue of persons on board, that could give rise to loss of the vessel or an environmental or navigational hazard». • Places of refuge «Place of refuge means 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»

5. Objective • Applicable to ships in need of assistance (the safety of life not involved – 1979 SAR Convention on Maritime Search and Rescue) • Setting-up of a common operational framework • Guidelines for Masters/Salvors • Guidelines for Coastal States

6. IMO Framework 2. Maritime Assistance Service (MAS) - IMO Resolution A.950(23) - Main Purpose • Receiving reports, consultation and notifications on incidents • Serving as the point of contact between the shipmaster and the Coastal State authorities and those involved in a marine salvage operation

7. EU Framework Directive 2002/59/EC of June 2002 vessel traffic monitoring and information system Overall Objective • Reinforce the preventive dimension of the Community maritime safety legal framework • Enhance the safety and efficiency of maritime traffic • Improve the response of authorities to incidents, accidents or potentially dangerous situations at sea including search and rescue operations • Better prevent and detect pollution by ships

8. Directive 2002/59/EC of June 2002 Specific Objectives • Supplement the ''prevention'' component of the EU's maritime safety policy with the operational management of maritime risks at Community level • Harmonisation and organisation of all the maritime traffic management and vessels monitoring tools and systems • Coordination process between national authorities Main Measures • Provision of full ship reporting and monitoring system • Introduction of on-board ship monitoring equipments → Automatic Identification System (AIS) • Notification of dangerous or polluting goods on boards ships • Creation of Places of Refuge • Cooperative framework between Member States

9. Places of refuge Definition Article. 3 (m) «Place of refuge means a port, the part of a port or another protective berth or anchorage or any other sheltered area identified by a Member State for accommodating ships in distress»

10. General Context • Title III of Directive 2002/59/EC : Places of refuge as a component of the coastal State’s “emergency response scheme'‘ • Several Articles: - Article 20: basic requirements concerning national plans - Article 23: cooperation between MS - Art. 26.3: Compensation

11. Article 20§1 of directive 2002/59 Places of refuge ’’Member States, having consulted the parties concerned, shall draw up, taking into account relevant guidelines by IMO, plans to accommodate, in the waters under their jurisdiction, ships in distress. Such plans shall contain the necessary arrangements and procedures taking into account operational and environmental constraints, to ensure that ships in distress may immediately go to a place of refuge subject to authorisation by the competent authority’’

12. Article 23of Directive2002/59/EC Cooperation • Towards an EU Network of places of refuge Member States and the Commission shall cooperate with a view to: - developing appropriate information exchange links between coastal stations and port authorities on traffic monitoring and routing systems - drawing up concerted plans to accommodate ships in distress • Regulation (EC) 1406/22: EMSA to facilitate cooperation in areas covered by Directive 2002/59

13. Article 26§3of Directive2002/59/EC Compensation • Article 26.3: Commission to examine feasibility of a Community regime for compensation of costs and damages • Parliament Resolution ofSeptember 2003: request for rapid measures

14. Commission Proposal of 23 November 2005 for a Directive amending Directive 2002/59/EC Grounds for the proposed amendments • Prestige Disaster in November 2002 → Demands by the Council and the European Parliament • Commission Consultation with Member States, the maritime industry (2004-2005) and EMSA • Experience with implementing the Directive 2002/59/EC and need for harmonised application of the Directive especially in the area of places of refuge • Consistencywith international instruments (IMO Guidelines) and progress at the Community level • Application of AIS to fishing vesselsand concerns with specific safety risks in hostile environment – navigation in ice conditions • Adaptation to operational and technical developments in the maritime sector (i.e SafeSeaNet data exchange network)

15. Planned Amendments to Places of Refuge Main Purpose – Commission’s Objectives • Clarifications and detailed provisions • Interpretation – application of Accommodating Plans • Responsibilities of the authorities concerned • Operational procedures • Compensation for costs and damages of the accommodation plans • Harmonised application at Community level • Transparency and legal security

16. Proposed Measures Amended Art. 20 • Setting-up a decision making chain • Establishing an independent authority • Inventory of potential places of refuges • Increased dissemination and sharing of information • Ships with insurance coverage / financial guarantee

17. Codecision Procedure(Commission, European Parliament and Council of the EU) On-going discussions between the European Parliament and the Council to reach an agreement at second reading Main Negotiating Issues • Issue of distress (EP)– assistance (Council Position) • Independent authority (EP) –competent authority • Information on the Accommodating Plans- confidentiality • Responsibility and tasks of the authority (EP)

18. Conclusion Places of refuge Need for a common legal framework ↓ • Decision taken on a case-by-case basis • Prior Technical/operational evaluation

19. Thank you very much! http://ec.europa.eu/maritimeaffairs