Objectives of providing a place of refuge
1.1 Where the safety of life is involved, the
provisions of the SAR Convention should be followed. Where a ship
is in need of assistance but safety of life is not involved, these
guidelines should be followed.
1.2 The issue of “places of refuge”
is not a purely theoretical or doctrinal debate but the solution to
a practical problem: What to do when a ship finds itself in serious
difficulty or in need of assistance without, however, presenting a
risk to the safety of life of persons involved. Should the ship be
brought into shelter near the coast or into a port or, conversely,
should it be taken out to sea?
1.3 When a ship has suffered an incident, the
best way of preventing damage or pollution from its progressive deterioration
would be to lighten its cargo and bunkers; and to repair the damage.
Such an operation is best carried out in a place of refuge.
1.4 However, to bring such a ship into a place
of refuge near a coast may endanger the coastal State, both economically
and from the environmental point of view, and local authorities and
populations may strongly object to the operation.
1.5 While coastal States may be reluctant to accept
damaged or disabled ships into their area of responsibility due primarily
to the potential for environmental damage, in fact it is rarely possible
to deal satisfactorily and effectively with a marine casualty in open
sea conditions.
1.6 In some circumstances, the longer a damaged
ship is forced to remain at the mercy of the elements in the open
sea, the greater the risk of the vessel's condition deteriorating
or the sea, weather or environmental situation changing and thereby
becoming a greater potential hazard.
1.7 Therefore, granting access to a place of refuge
could involve a political decision which can only be taken on a case-by-case
basis with due consideration given to the balance between the advantage
for the affected ship and the environment resulting from bringing
the ship into a place of refuge and the risk to the environment resulting
from that ship being near the coast.