“ANY PORT IN A STORM” PLACES OF REFUGE FOR SHIPS IN DISTRESS www “ANY PORT IN A STORM” PLACES OF REFUGE FOR SHIPS IN DISTRESS www.igpandi.org

“Any port in a storm” 1. What is a Place of Refuge? 2. Legal Framework 3. IMO Convention Regime 4. Obstacles to Granting a Place of Refuge 5. Challenges for States 6. Challenges for Shipping & Insurance Industries 7. Conclusions

“Any port in a storm” Prestige - Bay of Biscay, 2002

Stolt Valor - Arabian Gulf 2012 “Any port in a storm” Stolt Valor - Arabian Gulf 2012

“Any port in a storm” Stolt Valour – Arabian Gulf 2012

MSC FLAMINIA – Atlantic July 2012 “Any port in a storm” MSC FLAMINIA – Atlantic July 2012

“Any port in a storm”

“Any port in a storm” Maritime Maisie, Sea of Japan, December 2013

“Any port in a storm” Maritime Maisie

“Any port in a storm” Maritime Maisie

“Any port in a storm” MSC Napoli, Lyme Bay, January 2007

IMO Assembly Resolution A.949 (23) Dec. 2003 – preamble “Any port in a storm” IMO Assembly Resolution A.949 (23) Dec. 2003 – preamble “CONSCIOUS OF THE POSSIBILITY that ships at sea may find themselves in need of assistance relating to the safety of life and the protection of the marine environment,” “RECOGNIZING ALSO the need to balance both the prerogative of a ship in need of assistance to seek a place of refuge and the prerogative of a coastal state to protect its coastline,”

“Any port in a storm” What is a Place of Refuge - IMO Res.A.949 “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”. “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 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?

“Any port in a storm” IMO Guidelines Res.A.949 Para 1.18 - “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.” Para 3.12 - “When permission to access a place of refuge is requested, there is no obligation…to grant it”… “States should…balance risks and give shelter whenever reasonably possible” “The use of places of refuge could encounter local opposition and involve political decisions”

Legal & Procedural Framework “Any port in a storm” Legal & Procedural Framework UN Convention on the Law of the Sea Dec. 1982, Articles 192, 194, 195, 221, 225; duties to protect and preserve marine environment Salvage Convention 1989, Article 11 provides co-operation measures between interested players; no duty on State to grant a place of refuge SOLAS 1974 and SAR 1979 concerned with protecting and saving life; no duty on State to grant a place of refuge EU VTMIS Directive obliges EU States to assess risk but…no duty on EU States to grant a place of refuge /cont

“Any port in a storm” IMO Convention Regime In force Civil Liability Convention, 1992 Bunker Convention, 2001 Wreck Removal Convention, 2007 (from April 2015) LLMC, 1996 (increase in limits from June 2015) Not in force 2010 HNS Convention (consolidated 1996 Convention and 2010 Protocol)

CMI Draft Instrument “Any port in a storm” Developed early/mid 2000’s Legal obligation to grant access subject to veto IMO LEG90 May 2005 – no need for a dedicated PoR convention IMO priority to promote implementation of existing liability and compensation conventions CMI Plenary approved draft instrument October 2008 IMO LEG95 April 2009 – draft instrument not supported by States.

Article 20 VTMIS Directive “Any port in a storm” Article 20 VTMIS Directive “Member States…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.” Experience suggests this duty is not discharged by all EU States: Prestige, Castor, Flaminia

EU Guidelines “Any port in a storm” Guidelines to complement IMO Resolution A.949 and National Plans Aimed at promoting best practice across the EC Standardise procedures and protocols for member states and industry Improve coordination and communications between all stakeholders Promoting proper risk assessment prior to decision-making Due for publication date 2015/early 2016

Potential obstacles to Granting a Place of Refuge “Any port in a storm” Potential obstacles to Granting a Place of Refuge Perceived or real public or environmental concerns Inadequate national legal or policy framework Deficient or ineffective central and/or local Government decision processes Lack of experience of maritime casualty handling Lack of guidance on maritime incident management, co-ordination and communication Inadequate equipment resources Political considerations

Potential obstacles to Granting a Place of Refuge – contd. “Any port in a storm” Potential obstacles to Granting a Place of Refuge – contd. Larger vessels means fewer potential PoRs Dangerous cargoes-risk the safety/health Delays in obtaining cargo manifest details particularly in containerised transport Concern regarding adequacy of financial security and/or guarantees Salvor/Owner/Charter preference for a specific PoR Multiple PoR requests

“Any port in a storm” Challenges for States To introduce operational procedures for central & local Government, Agencies, Port and Harbour Authorities To introduce powers for independent decision making concerning the accommodation of ships in need of assistance (e.g. UK SOSREP and Australian MERCOM); and To make technical and time-critical decisions without delay or recourse to political authority To implement effective stakeholder engagement strategy including consultation with shipowners, salvors and property and liability insurers

Challenges for Shipping & Insurance Industries “Any port in a storm” Challenges for Shipping & Insurance Industries Promoting streamlining of government/maritime authority decision processes Encouraging States implementation of relevant IMO Conventions Encouraging use of IMO PoR Guidelines Working in collaboration with Government/maritime authorities Countering negativity e.g. from pressure groups, media Responding to insurance challenges presented by major claims Promoting effective stakeholder communication and co-operation

“Any port in a storm” Conclusions No need for “panic response” e.g. a PoR Convention Managing maritime casualties is a sophisticated and complex exercise but the expertise is there Stakeholders can collaborate to minimise risk by: (i) developing and implementing effective emergency plans (ii) streamlining communication and decision-making processes (iii) Ensuring transparency (iv) Working collaboratively (v) Building mutual confidence

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