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  • Μικρογραφία εικόνας
    Τεκμήριο
    Places to refuge
    (2018-11-29) Melas, Theodoros; Rousounelos, Nikolaos; Athens University of Economics and Business, Department of Accounting and Finance; Pallis, Athanasios; Androutsopoulos, Konstantinos; Berketis, Nikolaos
    Current practice concerning places of refuge is a concern to insurers. The incident with fire-stricken container vessel “MSC Flaminia”, which in 2012 was left adrift for weeks until finally granted a port of refuge in Germany, prompted a new EC Cooperation Group on Places of Refuge. The Group was charged with assessing the need to improve existing legislation and why EU Member States took so long to provide safe refuge. After an explosion and fire aboard the “M/T StoltValor” at a distance of 40 nm from Kingdom of Saudi Arabia in March 2012, a place of refuge was denied by the coastal States in spite of repeated requests. In September that year, a round table of shipowner associations and IPTA urged the operator, MSC, to consider what additional measures may be appropriate and stressed the need for all States to apply amongst others the IMO Guidelines on places of refuge for ships in need of assistance. Following these incidents, and further prompted by the “Maritime Maisie” being held at sea off the coast of Japan for weeks after a collision and fire in December 2013, IUMI is, together with the International Chamber of Shipping (ICS) and the International Salvage Union (ISU), campaigning to urge governments to adopt the IMO places of refuge guidelines. Four years after the “MSC Flaminia” incident, new emergency response procedures for ships in distress were agreed across the EU. Several industry stakeholders, including IUMI, participated together with EU Member States, the European Commission, and EMSA in the drafting. The aim has been to ensure better coordination and exchange of information by providing guidance that will lead to better advised and quicker decision making. It is also emphasized that there will be no denial of access on anything (either commercial or financial) other than safety grounds. European Commissioner for Transport, VioletaBulc, presented the new operational guidelines at the occasion of the Sea, Rivers, Islands and Coastal Areas Intergroup meeting in the European Parliament on 27 January 2016 under the patronage of MEP Gesine Meissner. Together with the Commission, IUMI and a number of other industry associations have agreed to use the PoR Operational Guidelines and contribute to their continuous improvement through a joint declaration. Having in place the voluntary operational guidelines and expressed willingness to use them is however only a first step to secure PoR access for stricken ships. While regulation is in place, the practical implementation offered by the new EU guidance complements IMO guidelines and should be encouraged internationally. IUMI therefore co-sponsored an EC information paper to the IMO’s Maritime Safety Committee in May 2016. Furthermore, the true success of the operational guidelines will be demonstrated as actual incidents occur. Furthermore, while decision makers gathered in January 2016 for the PoR event in Brussels, the listing “Modern Express” was adrift in EU waters. Application of the guidelines for this and other incidents will be carefully monitored by IUMI and addressed in discussions with the Commission. Lessons learned will give input to the expected continuous improvement of the guidelines. The third EU table top exercise took place in Norway end of September 2017. The EU PoR expert group is also preparing an IMO submission for MSC 99 in May 2018, requesting a review of the IMO PoR guidelines, based on the EU operational Guidelines, process and approach. Current practice concerning places of refuge is a concern to insurers. The incident with fire-stricken container vessel “MSC Flaminia”, which in 2012 was left adrift for weeks until finally granted a port of refuge in Germany, prompted a new EC Cooperation Group on Places of Refuge. The Group was charged with assessing the need to improve existing legislation and why EU Member States took so long to provide safe refuge. After an explosion and fire aboard the “M/T StoltValor” at a distance of 40 nm from Kingdom of Saudi Arabia in March 2012, a place of refuge was denied by the coastal States in spite of repeated requests. In September that year, a round table of shipowner associations and IPTA urged the operator, MSC, to consider what additional measures may be appropriate and stressed the need for all States to apply amongst others the IMO Guidelines on places of refuge for ships in need of assistance. Following these incidents, and further prompted by the “Maritime Maisie” being held at sea off the coast of Japan for weeks after a collision and fire in December 2013, IUMI is, together with the International Chamber of Shipping (ICS) and the International Salvage Union (ISU), campaigning to urge governments to adopt the IMO places of refuge guidelines. Four years after the “MSC Flaminia” incident, new emergency response procedures for ships in distress were agreed across the EU. Several industry stakeholders, including IUMI, participated together with EU Member States, the European Commission, and EMSA in the drafting. The aim has been to ensure better coordination and exchange of information by providing guidance that will lead to better advised and quicker decision making. It is also emphasized that there will be no denial of access on anything (either commercial or financial) other than safety grounds. European Commissioner for Transport, VioletaBulc, presented the new operational guidelines at the occasion of the Sea, Rivers, Islands and Coastal Areas Intergroup meeting in the European Parliament on 27 January 2016 under the patronage of MEP GesineMeissner. Together with the Commission, IUMI and a number of other industry associations have agreed to use the PoR Operational Guidelines and contribute to their continuous improvement through a joint declaration. Having in place the voluntary operational guidelines and expressed willingness to use them is however only a first step to secure PoR access for stricken ships. While regulation is in place, the practical implementation offered by the new EU guidance complements IMO guidelines and should be encouraged internationally. IUMI therefore co-sponsored an EC information paper to the IMO’s Maritime Safety Committee in May 2016. Furthermore, the true success of the operational guidelines will be demonstrated as actual incidents occur. Furthermore, while decision makers gathered in January 2016 for the PoR event in Brussels, the listing “Modern Express” was adrift in EU waters. Application of the guidelines for this and other incidents will be carefully monitored by IUMI and addressed in discussions with the Commission. Lessons learned will give input to the expected continuous improvement of the guidelines. The third EU table top exercise took place in Norway end of September 2017. The EU PoR expert group is also preparing an IMO submission for MSC 99 in May 2018, requesting a review of the IMO PoR guidelines, based on the EU operational Guidelines, process and approach.