Page 27: of Maritime Reporter Magazine (May 2004)

Government Update authorized to take additional action to prevent or reduce oil pollution including undertaking operations for the sinking or destruction of the ship and undertak- ing operations that involve the taking over of control of the ship. These powers may be exercised within the

UK territorial waters, UK Exclusive Economic Zone (EEZ), or those waters superadjacent to the UK

Continental Shelf.

Legislation similar to that enacted by the United

Kingdom is in place in Ireland, Australia, New

Zealand, South Africa, Canada, and Malta.

Various efforts have recently commenced to resurrect the "place of refuge".

In the aftermath of several marine casualties off the coast of Europe, the European Parliament and the

Council issued a Directive establishing a Community vessel traffic monitoring and information system.

Among other things, the Directive provides:

Non-availability of a place of refuge may have seri- ous consequences in the event of an accident at sea.

Member States should therefore draw up plans where- by ships in distress may, if the situation so requires, be given refuge in their ports or any other sheltered area in the best conditions possible. Where necessary and feasible, these plans should include the provision of adequate means and facilities for assistance, salvage and pollution response. Ports accommodating a ship in distress should be able to rely on prompt compensation for any costs and damage involved in this operation.

The Commission should therefore examine the possi- bilities for introducing an adequate system of compen- sation for ports in the Community accommodating a ship in distress and the feasibility of requiring a ship coming to a Community port to be adequately insured.

On December 5, 2003, the IMO Assembly adopted a resolution entitled "Guidelines on Places of Refuge for

Ships in Need of Assistance." The resolution includes guidelines for masters or salvors in need of places of refuge and guidelines for actions expected of coastal states. The resolution explicitly recognizes the author- ity of the coastal state to exercise its authority in taking responsive action appropriate to the threat presented by the ship. Among the factors to be considered by the coastal state are the seaworthiness of the ship; the nature and condition of its cargo; and provisions of financial security. Most significantly, the resolution states;

When permission to access a place of refuge is requested, there is no obligation for the coastal State to grant it, but the coastal State should weigh all the fac- tors and risks in a balanced manner and give shelter whenever reasonably possible.

We lost the place of refuge as a result of inattention during the 1960's. When the law of the sea was codi- fied in 1982, the concept was not even mentioned. The value of a place of refuge has belatedly been acknowl- edged. It is now incumbent upon the maritime com- munity to reinvigorate the concept and get it reincor- porated into the law of nations.

We must approach our national governments and seek development of a process for responding to requests by ships in distress for access to a place of refuge. This does not mean that all requests will be granted, but it does (or should) mean that there will be someone to whom such requests will be addressed and there will be a regularized system for considering and acting upon the request. The ship in distress deserves to have its request fairly and rationally considered.

The nations of the world owe its mariners nothing less. (2) NEW/UNUSED ANCHOR WINCHES

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May 2004 23

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