Key Benefits:
DECREE NO. 6,516, OF July 28, 2008.
Promulga the Emendas, adopted on May 18, 1998, to the International Convention on Search and Rescue Maritime, from 1979.
THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, inciso IV, of the Constitution, and
Considering that the National Congress has approved the text of the Emendas, adopted on May 18, 1998, to the 1979 International Convention on Search and Maritime Rescue, through the Legislative Decree no 375, of December 21, 2007;
Whereas the Brazilian Government deposited the instrument of ratification of the said Emendas together with the Secretary-General of the International Maritime Organization on March 20, 2008; and
Whereas the Emendas entered into international vigour, for all Parties, including Brazil, on 1º January 2000;
DECRETA:
Art. 1o The Emendas, adopted on May 18, 1998, to the 1979 International Convention on Search and Rescue Maritime, appended by copy to the present Decree, will be executed and fulfilled as entirely as they contain themselves.
Art. 2o Are subject to the approval of the National Congress any acts that may result in revision of the said instrument or that it carries charges or engraved commitments to the national heritage, pursuant to art. 49, inciso I, of the Constitution.
Art. 3o This Decree comes into effect on the date of its publication.
Brasilia, July 28, 2008; 187th of Independence and 120th of the Republic.
LUIZ INACIO LULA DA SILVA
Ruy Nunes Pinto Nogueira
RESOLUTION MSC.70 (69)
(adopted on May 18, 1998)
ADOPTION OF AMENDMENTS TO THE
INTERNATIONAL CONVENTION ON SEARCH
AND SAVE MARITIME, 1979
THE MARITIME SAFETY COMMITTEE,
RECALLING Article 28 (b) of the International Maritime Organization, pertaining to the tasks of the Committee,
RECALLING STILL Article III (2) (e) of the International Convention on Search and Rescue Maritime (SAR), 1979, from here hereafter referred to as? the Convention?, concerning the procedures for amending the Annex to the Convention, others other than paragraphs 2.1.4, 2.1.5, 2.1.7, 2.1.10,3.1.2 or 3.1.3 of that Convention,
HAVING ANALYZED, in its sixteenth-ninth session, the amendments to the Convention proposed and distributed in accordance with the Article III (2) (a) of that Convention,
1. ADOTA, in accordance with Article III (2) (c) of the Convention, amendments to the Convention the text of which is presented in the Annex to this resolution.
2. DETERMINA, in accordance with Article III (2) (f) of the Convention, that the amendments are to be deemed to have been accepted in 1º July 1999, unless, prior to that date, more than one third of the Parties have notified their objections to the amendments;
3. INVITES the Parties to the Convention to observe that, in accordance with Article III (2) (h) of the Convention, the amendments shall enter into force in 1 ° January 2000, depending on their acceptance in accordance with paragraph 2 above;
4. REQUESTS the Secretary-General, in accordance with Article III (2) (d) of the Convention, to transmit certified copies of this resolution and the text of the amendments contained in the Annex to all Parties to the Convention.
5. FURTHER REQUESTS to the Secretary-General to forward copies of this resolution and of its Annex to the Members of the Organization not Parties to the Convention.
A N E X O
AMENDMENTS TO THE INTERNATIONAL CONVENTION ON
SEARCH AND MARITIME RESCUE, 1979
The current text of the Annex to the Convention, except paragraphs 2.1.4, 2.1.5, 2.1.7, 1/2/2010, 3.1.2 and 3.1.3, is replaced by the following:
CHAPTER 1
TERMS AND DEFINITIONS
1.1?Should you? is used in the Attachment to indicate a device whose uniform application by all Parties is required in the interest of the safety of life at sea.
1.2?Must? is used in the Attachment to indicate a device whose uniform application by all Parties is recommended in the interest of the safety of life at sea.
1.3 The related terms below are used in the Attachment with the following meanings:
.1?Search?. An operation, usually coordinated by a rescue coordination centre or a rescue sub-centre, using the available personnel and facilities, to locate people in distress;
.2?Save?. An operation to rescue people in distress, provide them with initial medical care and meet other needs and take them to a safe place;
.3?Search and rescue service?. The performance of the monitoring functions of danger, communication, coordination and search and rescue, including the provision of medical advice, initial medical assistance, or medical evacuation, through the use of public and private resources, including aircraft, ships and other vessels and facilities that are cooperating;
.4?Region of search and rescue?. An area of defined dimensions, associated with a rescue coordination center, within which the search and rescue services are provided;
.5?Rescue coordination centre?. A unit responsible for promoting the effective organization of search and rescue services and for coordinating the realization of search and rescue operations within a search and rescue region;
.6?Subcenter of rescue?. A unit subordinated to a rescue coordination centre, established to complement the latter in accordance with the specific determinations of the responsible authorities;
.7?Ease of search and rescue?. Any mobile means, including designated search and rescue units, used to carry out search and rescue operations;
.8?Search and rescue unit?. A unit composed of trained personnel and endowed with suitable equipment for the rapid realization of search and rescue operations;
.9?Rank of alert?. Any facility intended to serve as an intermediary between a person who informs an emergency and a rescue coordination centre or a rescue sub-centre;
.10?Phase of emergency?. A generic term meaning, according to the situation, the phase of uncertainty, the alert phase, or the danger phase;
.11?Phase of uncertainty?. A situation in which there is uncertainty with respect to the safety of a person, a ship or other vessel;
.12?Phase of alert?. A situation in which there is apprehension with respect to the safety of a person, of a ship or other vessel;
.13?Phase of danger?. A situation in which there is a reasonable certainty that a person, a ship or other vessel is threatened by a serious and imminent danger and needs immediate help;
.14?Coordinator in the action scene?. A designated person to coordinate search and rescue operations within a given area;
.15?Secretary-General?. The Secretary-General of the International Maritime Organization.
CHAPTER 2
ORGANIZATION AND COORDINATION
2.1 Measures for the provision and coordination of search and rescue services
2.1.1 As parties should, to the extent that they are able to do individually or in cooperation with other States and, as appropriate, with the Organization, participate in the provision of search and rescue services, to ensure that aid is provided to any person who finds himself in danger at sea. By receiving the information that any person is, or appears to be, in danger at sea, the responsible authorities of a Party should take urgent action to ensure that the necessary aid is provided.
2.1.2 The Parties shall, individually or, if appropriate, in cooperation with others States, establish the following basic elements of a search and rescue service:
.1 a legal structure;
.2 the designation of a responsible authority;
.3 the organization of the available means;
.4 communications facilities;
.5 operational and coordination functions, and
.6 processes for perfecting service, inclusive of planning, internal and international cooperation relations and the training.
Parties should, as far as possible, follow the minimum standards and the guidelines pertinent elaborated by the Organization.
2.1.3 To help ensure the provement of proper communications infrastructure based on land, efficient distress warning system and proper operational coordination to effectively support search and rescue services, the Parties should, individually or in cooperation with other states, ensure that a number sufficient search and rescue regions are established within each area, in accordance with paragraphs 2.1.4 and 2.1.5. These regions must be contiguous and, as far as possible, do not superpore.
2.1.4 Each search and rescue region is to be created by an agreement between the Interested parties. The Secretary-General should be informed about this agreement.
2.1.5 Case the interested parties do not reach an agreement on the exact dimensions of a search and rescue region, those Parties should do their best to come to an agreement regarding the appropriate arrangement whereby the corresponding general coordination of search and rescue services in the area will be done. The Secretary-General should be informed about these measures.
2.1.6 The agreement on the regions or the arrangements mentioned in paragraphs 2.1.4 and 2.1.5 should be registered by the interested parties, or in written plans accepted by the Parties.
2.1.7.The delimitation of the search and rescue regions is unrelated and should not prejudice the delimitation of any border between states.
2.1.8 The Parties shall seek to obtain the harmony, where applicable, among their seafarers and rescue and rescue services when analyzing the establishment of search and rescue regions to which they are to be established by concordance, in accordance with paragraph 2.1.4, or by seeking to agree on the proper arrangements, as provided for in paragraph 2.1.5.
2.1.9 The Parties that accept the responsibility to provide search services and rescue for a given area should use search and rescue units and other means available to provide aid to a person who is, or appears to be, in danger at sea.
1/2/2010 Parties should ensure that aid is provided to any person who is in danger at sea. They should do this, regardless of the nationality, the social condition of that person, or the situation in which they find themselves.
1/2/2011 Parties should send to the Secretary-General information regarding their service of search and rescue, containing:
.1a national authority responsible for services search and rescue seafarers;
.2 the location of the rescue centres established, or other centers that make search and rescue coordination for the region or regions of search and rescue, and the communications service in that region, or regions;
.3 the limits of your region, or regions, of search and rescue and the coverage afforded by your distress and safety communications facilities on land; and
.4 the major types of the existing search and rescue units.
Parties should, as a matter of priority, update the information provided with respect to any changes of importance. The Secretary-General shall transmit the information received to all Parties.
1/2/2012 The Secretary-General should inform all Parties of the agreements or the measures mentioned in paragraphs 2.1.4 and 2.1.5.
2.2 Development of national search and rescue services
2.2.1As Parties should establish the proper national procedures for general development, the coordination and enhancement of search and rescue services.
2.2.2 To support effective search and rescue operations, the Parties should:
.1 ensure the coordinated use of existing means; and
.2 establish a close cooperation between services and organizations that can contribute to perfecting the search and rescue service in industries such as operations, planning, training, exercises and research and development.
2.3 Establishment of rescue coordination centres and rescue sub-centres
2.3.1 To meet the requirements of paragraph 2.2, the Parties should, individually or in cooperation with other states, set up rescue coordination centres for their search and rescue services and as many rescue sub-centres as they find appropriate.
2.3.2 Each rescue coordination center and rescue sub-center, established from agreement with paragraph 2.3.1, it should take measures for the receipt of hazard alerts from its search and rescue region. All of these centres should also take measures to establish communications with people in distress, with the means of search and rescue and with other rescue coordination centres or rescue sub-centres.
2.3.3 Each rescue coordination centre is expected to operate on a 24-hour basis per day and be constantly garnished by trained personnel, who have knowledge of the English language of work.
2.4 Coordination with the aeronautical services
2.4.1As Parties should ensure the closest possible coordination between maritime and aeronautical services, so as to provide the search and rescue services more effective and efficient in their search and rescue regions and in the airspace over them.
2.4.2 Where possible, each Party shall establish coordination centres of rescue and joint rescue subcenters, to cater for both maritime and aeronautical purposes.
2.4.3 Whenever rescue coordination centres or sub-centres are established of separate marine and aeronautical rescue to cater to the same area, the Party involved should ensure the closest possible coordination between the centres or sub-centres.
2.4.4 The Parties should ensure, as far as possible, the use of procedures common by the search and rescue units established for maritime and aeronautical purposes.
2.5 Assignment of search and rescue means
The Parties should identify all means capable of participating in search and rescue operations, and will be able to assign appropriate means as search and rescue units.
2.6 Equipment of the search and rescue units
2.6.1 Each search and rescue unit should be endowed with equipment suitable for your task.
2.6.2 The? containers? and packaging containing survival equipment to be released for the survivors shall have the general nature of their content indicated through marks made according to the standards adopted by the Organization.
CHAPTER 3
COOPERATION BETWEEN STATES
3.1 Cooperation between States
3.1.1 The Parties should coordinate their search organizations and rescue and must, where necessary, coordinate search and rescue operations with their neighbouring States.
3.1.2 Unless it is agreed in another way among interested States, a Party shall authorize, subject to the applicable national laws, rules and regulations, the immediate entry into its territorial sea or territory, or in the airspace over it, of rescue units of other Parties, solely for the purpose of carrying out searches to locate the position of maritime accidents and rescue the survivors from those accidents. In these cases, search and rescue operations should, as far as possible, be coordinated by the appropriate rescue coordination centre of the Party that authorised the entry, or by another authority, as designated by that Party.
3.1.3 Unless it is agreed in another way among the interested states, the authorities of a Party wishing for their rescue units to enter the territorial sea, territory or airspace over them, from another Party, solely for the purpose of conducting searches to locate the position of accidents seafarers and rescue the survivors, should send a solicitation, giving all details of the planned mission and their need, to the rescue coordination center of that other Party, or the other authority, as it has been designated by that Part.
3.1.4 The responsible authorities of the Parties should:
.1 immediately accuse the receipt of that request; and
.2 as soon as possible to tell the conditions, if any, so that the planned mission can be carried out.
3.1.5 The Parties shall enter into an agreement with their neighbouring States, establishing the conditions for the entry of the rescue units of each of them in the territorial seas of the others, their territories or in the airspace over them. These agreements must provide for the quick entry of those units, with the lowest possible number of formalities.
3.1.6 Each Party shall authorize its rescue coordination centres to:
.1 ask the other rescue coordination centres all the help that may be needed, including vessels, aircraft, personnel or equipment;
.2 give any permission necessary for the entry of those vessels, aircraft, personnel or equipment in their territorial sea, in their territory, or in the airspace over them; and
.3 take the necessary steps with the customs, immigration, health or other authorities, with the purpose of speeding up that entry.
3.1.7 Each Party should ensure that its rescue coordination centres presage aid, when it is requested, to other rescue coordination centres, including aid in the form of vessels, aircraft, personnel or equipment.
3.1.8 The Parties shall enter into an agreement with other States, when appropriate, to intensify the cooperation and coordination of search and rescue operations. The Parties should authorize their responsible authority to draw up plans and take operational measures for the cooperation and coordination of search and rescue operations with the responsible authorities of other states.
CHAPTER 4
OPERATING PROCEDURES
4.1 Preparatory measures
4.1.1 Each rescue coordination center and sub-center of rescue should have available up-to-date information concerning especially the means of search and rescue and the existing means of communication for search and rescue operations in your area.
4.1.2 Each rescue coordination center and rescue subcenter must have a quick access to the information regarding the position, direction and speed of vessels that are located within their area and that may be able to provide aid to persons, ships or other vessels in distress at sea, and on how to contact with them. This information must be kept in the rescue coordination centre, or be quickly obtained when necessary.
4.1.3 Each rescue coordination centre and rescue sub-centre should have plans of detailed operation for the conduct of search and rescue operations. Where appropriate, these plans should be developed together with the representatives of those who can cooperate, or who can be benefited, with the search and rescue services.
4.1.4 The rescue coordination centres or rescue sub-centres should be kept informed about the state of preparedness of search and rescue units.
4.2 Information regarding emergencies
4.2.1 The Parties should, individually or in cooperation with other states, ensure that they are able to receive from fast and reliable manner, for 24 hours a day, hazard alerts transmitted by the equipment used with this purpose within your search and rescue regions. Any alert station that receives a danger alert should:
.1 relay immediately the alert for the appropriate rescue coordination center or rescue subcenter, and then assist in search and rescue communications as is suitable; and
.2 if possible, charge the receipt of the alert.
4.2.2 The Parties should, where appropriate, ensure that effective plans are available for the registration of communication equipment and-to respond to emergencies, to enable any coordination center or sub-center to quickly access the required registration information.
4.2.3 Any authority or element of the search and rescue service having reasons for believe that a person, ship or other vessel is in a state of emergency should send, as soon as possible, all information available to the rescue coordination centre or concert rescue sub-centre.
4.2.4 The rescue coordination centres and rescue sub-centres should, immediately after receiving an information relating to a person, a vessel or other vessel that is in an emergency situation, assess those information and establish the emergency phase according to paragraph 4.4, and the vulture of the operations necessary.
4.3 Initial measures
Any search and rescue unit, when receiving information about an incident that in need of help, should initially take the necessary measures if they are in a position to assist and, in any situation, inform without delay to the rescue coordination centre or the existing rescue sub-centre in that area in which the incident occurred.
4.4 Emergency Phases
To help establish the proper operational procedures, the following emergency phases should be recognized by the rescue coordination center or rescue subcenter involved:
.1 Phase of uncertainty:
.1.1 when it has been informed that a person is missing, or a ship or other vessel is delayed; or
.1.2 when a person, ship, or other vessel has left to send a position message or expected security.
.2 Phase of alert:
.2.1 when, after the phase of uncertainty, attempts made in the sense of establishing contact with a person, a vessel or other vessel have failed and the consultations made to other suitable sources have been fruitless; or
.2.2 when an information has been received indicating that the operative efficiency of a ship or other vessel is impaired, but not to the point that it is likely the existence of a relief situation.
.3 Phase Danger:
.3.1 when a concrete information has been received that a person, ship, or other vessel is in danger and necessitating immediate aid; or
.3.2 when, after the phase of warns, new attempts made in the sense of establishing contact with a person, a ship or other vessel have failed and the wider queries made indicate the probability that there is a distress situation; or
.3.3 when an information is received that indicates that the operative efficiency of a ship or of another vessel was hampered to the point that it is likely the existence of a danger situation.
4.5 Procedures to be followed by the rescue coordination centres and by the rescue subcenters during the emergency phases
4.5.1 When being declared the phase of uncertainty, the rescue coordination centre or the rescue sub-centre, as appropriate, should initiate investigations to verify the safety of a person, ship or other vessel, or should declare the alert phase.
4.5.2 When being declared the alert phase, the rescue coordination center or the rescue sub-centre, as appropriate, should broaden the investigations to locate the person, ship or other vessel that is missing, alert proper search and rescue services and initiate necessary actions, taking in view the situation of that particular case.
4.5.3 When being declared the danger phase, the rescue coordination centre or the rescue sub-centre, as appropriate, shall proceed as set out in its plans for operation, as required by paragraph 4.1.
4.5.4 Start of search and rescue operations when the position of the object of the search is unknown.
Case be declared an emergency phase for a search object whose position is unknown, the following measures should be adopted:
.1 when there is a phase of emergency, a rescue coordination centre or a rescue sub-centre should, unless you have knowledge that other centres are acting, take responsibility for initiating appropriate actions and consult other centres with the purpose of assigning a center to take responsibility;
.2 unless it has been agreed in another way among the centres involved, the centre to be designated should be the centre responsible for the area in which it was the object of search according to its last informed position; and
.3 after the declaration of the danger phase, the center that is coordinating the search and rescue operations should, how appropriate, to inform the other centres all the circumstances of the emergency and all the following events.
4.5.5 Transmission of information to persons, ships or other vessels for which a phase of emergency has been declared.
Whenever possible, the rescue coordination center or the rescue subcenter responsible for the search and rescue operations shall transmit to the person, ship or other vessel for which an emergency phase has been declared, information about the search and rescue operations to which it has started.
4.6 Coordination when they are involved two or more Parties
For search and rescue operations involving more than one Party, each Party should take the appropriate measures, in accordance with the plan of operations mentioned in paragraph 4.1, when this is requested by the region's rescue coordination centre.
4.7 Coordination of search and rescue activities in the action scene
4.7.1 The activities of the search and rescue units and of other means employed in the operations of search and rescue should be coordinated in the action scene, to ensure more effective results.
4.7.2 When diverse means are about to engage in search operations and rescue, and rescue coordination center or rescue subcenter consider necessary, the most capable person should be assigned coordinator in the action scene as early as possible and preferably before the means reach the area of operation determined. Specific tasks of the coordinator on the action scene should be established, taking into account their apparent skills and operational needs.
4.7.3 If there is not a rescue coordination centre or if, for any reason, the responsible rescue coordination centre is unable to coordinate the search and rescue mission, the means involved must designate the coordinator in the action scene through a mutual agreement.
4.8 End and suspension of search and rescue operations
4.8.1 Search and rescue operations are expected to proceed, when possible, until it has been lost all reasonable hope to rescue the survivors.
4.8.2 The rescue coordination center or responsible rescue subcenter will normally decide when to shut down search and rescue operations. If none of these centres is involved in the coordination of the operations, the coordinator on the action scene will be able to make this decision.
4.8.3 When a rescue coordination center or rescue subcenter consider, on the basis of reliable information, that the search and rescue operation has been successful, or that no longer exists the emergency, should terminate the search and rescue operation and inform this promptly to any authority, medium or service that has been activated or informed.
4.8.4 If a search and rescue operation in the action scene takes impracticable and the rescue coordination center or rescue subcenter comes to the conclusion that the survivors may still be alive, the center will be able to temporarily suspend activities in the action scene awaiting new events, and should inform you promptly to any authority, means or service that has been activated or informed. The information received thereafter should be evaluated and search and rescue operations restarted when justified on the basis of such information.
CHAPTER 5
INFORMATION SYSTEMS PRESAGED BY SHIPS
5.1 Generalities
5.1.1 Powers will be created systems of information provided by ships, individually by the Parties or in cooperation with other states where this is deemed necessary to facilitate search and rescue operations.
5.1.2 The Parties that are intending to institute a system of information provided by ships shall take the relevant recommendations of the Organization into consideration. The Parties shall also consider whether information systems or other sources of existing data on the position of vessels may provide adequate information for the region, and seek to minimize unnecessary additional information to be provided by the vessels, or the need for rescue coordination centres to have to confront the information received with the various information systems to verify the availability of vessels to assist in the operations of search and rescue.
5.1.3 The system of information provided by ships must provide up-to-date information on the movement of vessels to, in the case of an incident requiring help:
.1 reduce the interval between loss of contact with a vessel and the start of search and rescue operations, in cases where no distress signal has been received;
.2 allow speedy identification of the vessels that may be calls to provide help;
.3 allow the delineation of a search area of limited size, when the position of a person, ship, or other vessel in distress is unknown or uncertain; and
.4 facilitate the provision of medical assistance or the transmission of urgent recommendations.
5.2Requisitos operating
5.2.1 The information systems presaged by ships must meet the following requirements:
.1 provision of information containing the travel plans and position information that make it possible establish the current and future positions of the vessels that it will participate in;
.2 maintenance of a plotting of the maritime traffic;
.3 receiving of information from the vessels that it will participate in, at appropriate intervals;
.4 simplicity in planning and in the operation of the system; and
.5 the use of information formats provided by ships and standard, internationally agreed procedures.
5.3 Types of information
5.3.1 A system of information presaged by ships must contain the following types of information, according to the recommendations of the Organization:
.1 Travd plan;
.2 Position information; and
.3 Final information.
5.4 Use of the systems
5.4.1 The Parties should encourage all vessels to inform their position when they are navigating in areas in which measures have been taken to collect the information about the positions for search and rescue purposes.
5.4.2 The Parties that are registering the information on the position of vessels they shall disseminate such information as far as possible to other States when this is requested for search and rescue purposes.
