5.1 Resolution A.950(23) outlines the situations
in which the services of the MAS are involved; they are:
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.1 the ship is involved in an incident (e.g.,
loss of cargo, accidental discharge of oil, etc.) that does not impair
its seakeeping ability but nevertheless has to be reported;
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.2 the ship, according to its Master's assessment,
is in need of assistance but not in a distress situation (about to
sink, fire developing, etc.) that requires the rescue of those on
board; and
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.3 the ship is found to be in a distress situation
and those on board have already been rescued, with the possible exception
of those who had remained aboard or have been placed on board
to attempt to deal with the ship's situation.
These are the situations which these Guidelines seek to
address.
5.2 The MAS serves mainly as the point
of contact during the resolution of the situation, however,
the resolution recommends that national instructions should
at least indicate to the organization discharging MAS functions:
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.1 the authority or organization to which it transmits
the information obtained from a ship; and
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.2 the authority or organization from which
it receives instructions concerning its action and the particulars
to be transmitted to the ship.
5.3 When more than one coastal State is involved,
the States concerned should agree between themselves which will co-ordinate
the operation and be responsible for transmitting orders and information.
5.4 Some States have legislation which allows
them to intervene more actively in the situations outlined
in 5.1 when a ship is in waters under their jurisdiction. A State
intending to use its powers under such legislation should ensure
that:
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.1 the chain of command within its shore organization
is clear and each level of the chain has procedures setting out what
actions it should take and the limits of its powers;
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.2 the Master of the ship, the Company and any
salvage team are told clearly what the shore command structure is;
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.3 the flag State is informed as early
as possible in the proceedings and its advice sought;
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.4 the Master of the ship, the Company
and any salvage team involved are told clearly what degree
of responsibility remains with them and what limitations are being
placed on their freedom of action;
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.5 when an order is issued, it is clear to the
recipient who issued the order, to whom it is addressed and under
what authority;
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.6 it is preferable for all orders from ashore
to pass through a single focal point to ensure a consistent approach.
All messages from the ship should pass through the same focal point;
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.7 the freedom to take necessary action to resolve
a situation is not removed from the people on the ship unless deemed
to be necessary to resolve the situation; and
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.8 unless time pressures make such communication
impossible, the Master is allowed to speak with the Company in
accordance with the ISM Code provisions.
5.5 Article 221 of UNCLOS recognizes the right
of coastal States "pursuant" to international law, both customary
and conventional, to take and enforce measures beyond the territorial
sea proportionate to the actual or threatened damage to protect
their coastline or related interests, including fishing, from
pollution or threat of pollution following upon a maritime casualty,
which may be reasonably expected to result in major harmful
consequences". The right of States to intervene in the
high seas to prevent or reduce pollution damage as a consequence
is also regulated by the Intervention Convention. States may take
measures beyond their territorial sea in accordance with customary
international law of the sea.
5.6 States taking measures in accordance with
paragraph 5.5 should indicate that they are doing so in
accordance with UNCLOS, and/or the Intervention Convention
[or international customary law as applicable through their national
legislation. In doing so, States should follow the guidance in paragraph
5.4.