1.12 The purpose of these Guidelines is to provide
Member Governments, shipmasters, companiesfootnote (particularly in connection with the ISM Code and procedures arising therefrom), and salvors
with a framework enabling them to respond effectively and in such
a way that, in any given situation, the efforts of the shipmaster
and shipping company concerned and the efforts of the government authorities
involved are complementary. In particular, an attempt has been made
to arrive at a common framework for assessing the situation of ships
in need of assistance.
1.13
These Guidelines do not address the
issue of operations for the rescue of persons at sea, inasmuch
as the practical difficulties that have given rise to the examination
of the issue of places of refuge relate to problems other than those
of rescue. Two situations can arise:
- the ship, according to the master's assessment, is in need of
assistance but not in a distress situation (about to sink, fire developing,
etc.) that requires the evacuation of those on board; or
- those on board have already been rescued, with the possible exception
of those who have stayed on board or have been placed on board in
an attempt to deal with the situation of the ship.
1.14
If, however, in an evolving situation,
the persons on board find themselves in distress, the rules applicable
to rescue operations under the SAR Convention, the IAMSAR Manual and
documents arising therefrom have priority over the present Guidelines
(and procedures arising herefrom).
1.15 In any case the competent MRCC should be
informed about any situation which may develop into a SAR incident.
1.16 Even though a “rescue” operation,
as defined in the International Convention on Maritime Search and
Rescue (SAR) is not the case, the safety of persons must nevertheless
be constantly borne in mind in the application of these Guidelines,
particularly in two respects:
- if the ship poses a risk (explosion, serious pollution, etc.)
to the life of persons in the vicinity (crews of salvage vessels,
port workers, inhabitants of the coastal area, etc.);
- if persons voluntarily stay (master, etc.) or go (fire-fighters
and other experts, personnel of marine salvage or towage companies,
etc.) on board to attempt to overcome the difficulties experienced
by the ship.
1.17 These Guidelines do not address the issue
of liability and compensation for damage resulting from a decision
to grant or deny a ship a place of refuge.