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Decree No. 2010-189, February 23, 2010, On The Publication Of Resolution A 950 On Maritime Assistance Services (Together Two Annexes), Adopted In London On December 5, 2003

Original Language Title: Décret n° 2010-189 du 23 février 2010 portant publication de la résolution A 950 relative aux services d'assistance maritime (ensemble deux annexes), adoptée à Londres le 5 décembre 2003

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Summary

Implementation of articles 52 to 55 of the Constitution.

Keywords

AFFAIRS AND EUROPEAN , AGREEMENT BILATERAL , AGREEMENT MULTILATERAL , TRANSPORT MARITIME , ORGANIZATION INTERNATIONAL MARITIME , IMO , SECURITY MARITIME , NAVIRE , POLLUTION OF MERS , PREVENTION , LUTTE CONTRE LA POLLUTION , SAUVETAGE MARITIME SERVICE


JORF n°0049 of 27 February 2010 page 3772
text No. 7



Decree No. 2010-189 of 23 February 2010 on the publication of resolution A 950 (23) on marine assistance services (both annexes), adopted in London on 5 December 2003 (1)

NOR: MAEJ1003492D ELI: https://www.legifrance.gouv.fr/eli/decret/2010/2/23/MAEJ1003492D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2010/2/23/2010-189/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Considering articles 52 to 55 of the Constitution;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 58-905 of 27 September 1958 publishing the Convention on the Establishment of the Intergovernmental Consultative Organization for Maritime Navigation, signed at Geneva on 6 March 1948;
Vu le Decree No. 80-369 of 14 May 1980 publishing the 1974 International Convention for the Protection of Human Life at Sea (as a whole annex), made in London on 1 November 1974;
Vu le Decree No. 83-874 of 27 September 1983 Publication of the 1978 Protocol on the 1973 International Convention for the Prevention of Pollution from Ships (MARPOL PROT 1978), done in London on 17 February 1978;
Vu le Decree No. 96-663 of 22 July 1996 Publication of the 1990 International Convention on the Preparation, Control and Cooperation in respect of Hydrocarbon Pollution (as a whole annex), signed by France on 13 September 1991,
Decrete:

Article 1


Resolution A 950 (23) on maritime assistance services (both annexes), adopted in London on 5 December 2003, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.

  • Annex



    RESOLUTION A 950 (23) RELATING TO MARITIME ASSISTANCE SERVICES (SECOND APPENDIXS)
    The ASSEMBLÉE,
    RECALLING Article 15 (j) of the Convention establishing the International Maritime Organization, which deals with the functions of the Assembly related to the adoption of rules and directives relating to maritime security, the prevention of marine pollution by ships and the fight against such pollution,
    NOTING the provisions set out in Rule 31 of Chapter V, Rule 6 of Chapter VII, Rule 7-4 of Chapter VII and Rule 12 of Chapter VIII of the 1974 International Convention for the Protection of Human Life at Sea (SOLAS Convention), as amended, which relate to reports that vessels are required to make in the event of danger or event,
    NOTING EQUALING the provisions set out in Article 8 of the 1973 International Convention for the Prevention of Pollution by Ships (MARPOL), as amended by the 1978 Protocol,* relating to the reports that vessels are required to make in the event of an event,
    CONSIDERING that, in addition to the circumstances giving rise to mandatory notification, where the agencies to which the records are to be sent are already designated, it would be useful for the master of a vessel in need of assistance to use the same point of contact in each coastal State legitimately affected by the situation of that vessel, particularly with regard to the search for a safe place of refuge,
    CONSIDERING EQUALEMENT that States have the right to receive initial information and to be kept informed as a result of the marine assistance operations carried out off their coasts on the initiative of parties with legitimate interest in a ship that needs assistance,
    CONSIDERING TO ORDER that it would be useful for coastal States and more practical for captains than any body responsible for receiving the records and then maintaining contact with the ship in need of assistance and its owner shall be designated in all these States by the same acronym indicating the common minimum functions defined by the Organization,
    CONSIDERING that in the event of an accident on board the vessel, it is difficult for the master to determine whether the vessel needs marine assistance (save) or whether persons on board need to be rescued and also that in the case of the rescue itself, it is important for the CRM to be informed as soon as possible of the problems that the vessel concerned would be in such a way as to prepare an appropriate rescue operation
    EXAMINated the recommendations made by the Committee on Maritime Safety at its seventy-sixth and seventy-seventh sessions, by the Committee on the Protection of the Marine Environment at its forty-eighth session and by the subcommittee on the safety of navigation at its forty-ninth session,
    1. RECOMMENDS that coastal States establish a marine assistance service (MAS) for the following purposes:
    (a) receive records, consultations and notifications required by IMO instruments referred to in Annex 1 to this resolution;
    (b) follow the vessel's situation when the report referred to reveals an event following which the vessel may require assistance;
    (c) be the point of contact between the master and the coastal State concerned when the situation of the vessel requires exchange of information between the master and the coastal State, but is not a situation of distress that may lead to a search and rescue operation;
    (d) be the point of contact between those participating in a marine assistance operation undertaken by private services at the request of parties with legitimate interest in the vessel and the coastal State concerned, if the latter decides that it must follow the conduct of the operation;
    2. REQUESTS governments to issue national instructions to the MAS indicating authority or organization:
    a) to which/to which it should transmit the information collected from a ship;
    (b) of which he/she should receive instructions on his/her action and the elements to be transmitted to the vessel;
    3. INVITE the governments of the coastal States that have established an AMIS to communicate its contact information (call numbers, call signs, etc.) to the Organization so that the Organization can disseminate this information and that the shipmasters and other persons or organizations concerned are able to contact it if necessary;
    4. RECOMMENDS that, when establishing an AMIS, coastal state governments take into account the guidelines set out in annex 2 to this resolution;
    5. REQUESTS the Marine Safety Committee and the Marine Environment Protection Committee to maintain and amend this resolution, if necessary.


    A N N E X E 1


    LIST OF IMO INSTRUMENTS CONTAINING PROVISIONS RELATING TO THE OBLIGATORY NOTIFICATION OF EVENMENTS METTING CAUSE
    1. 1974 International Convention for the Protection of Human Life at Sea (SOLAS Convention), as amended
    Rule 31 of Chapter V (danger measurements).
    Chapter VII Rules 6 and 7-4 (notification of events involving dangerous goods).
    Chapter VIII, Rule 12 (Nuclear Ship Accidents).
    2. 1973 International Convention for the Prevention of Pollution by Ships (MARPOL), as amended by the 1978 Protocol thereto, as amended
    Article 8 (Reports on events that result in or may result in the release of harmful substances).
    Protocol I (Dispositions regarding the sending of reports on events that result in or may result in the release of harmful substances [in accordance with Article 8]).
    3. 1969 International Convention on High Seas Response in the event of an accident that results in or may result in oil pollution (intervention agreement)
    Subparagraphs a and f of Article III (Consultations; notifications).
    4. 1990 International Convention on Hydrocarbon Pollution Preparedness, Control and Cooperation (OPRC)
    Articles 4 and 5.
    5. International collection of safety rules for the transport of irradiated nuclear fuel, plutonium and highly radioactive wastes in packages on board vessels (INF pick)
    Paragraphs 29 and 30.
    6. Resolution A.851 (20). General principles applicable to ship reporting systems and notification requirements, including guidelines for reporting events involving dangerous goods, harmful substances and/or marine pollutants


    A N N E X E 2
    DIRECTIVES ON SERVICE
    MARITIME ASSISTANCE (MAS)


    Introduction.
    The circumstances of a vessel's activity that bring an SAM into play are not those that require the rescue of people.
    Three situations can arise:
    ― the vessel was the victim of an event (such as loss of cargo, accidental release of hydrocarbons, etc.) that does not diminish its nautical qualities, but which must however be reported;
    - the vessel, according to the judgment of its captain, needs assistance but is not in a distress situation (immediate wreath, fire development, etc.) that requires the rescue of the persons on board;
    - the vessel is deemed to be in a distress situation and the persons on board have already been rescued, except eventually those who have been on board or who have been sent on board to try to remedy the situation in which the vessel is located.
    In any case, if, while the situation is changing, people on board are in distress, it is the MRCC which is the first concerned and not the MAS.
    1. Creation of MAS.
    1.1. The creation of a MAS should not necessarily require creating a new organization. To the extent that these directives are complied with, the functions of the MAS may, if the Administration deems it useful, be provided by an existing body, preferably a CRM, otherwise a port master, an operational centre of the Coast Guard Service (if any) or another body.
    1.2. The assignment of MAS functions to a MRCC would be the best solution, but it would be appropriate for staff to be well trained to distinguish the circumstances that make a vessel in a distress situation and the circumstances that put the vessel in a difficult situation, without any distress within the meaning of the SAR Convention and the procedures arising therefrom. It will be recalled that the concept of MRCC involves the coordination of search and rescue operations. However, as part of the above resolution, the MAS is simply responsible for receiving and transmitting communications and monitoring the situation.
    1.3. The fact that the resolution recommends that each coastal State establish a MAS should not prevent neighbouring coastal States from grouping their means in appropriate arrangements to exploit a common MAS.
    1.4. Conversely, a coastal state should be able to create several MAS if necessary.
    2. Advertising of the creation and existence of a MAS.
    2.1. Coastal governments are asked to notify the IMO of the existence and contact information (numbers and call codes etc.) of their MAS, as set out in the attached appendix.
    2.2. The IMO Secretariat will periodically publish the information collected.
    2.3. National nautical information broadcasters are invited to publish this information.
    3. Attributions of MAS.
    3.1. According to the above resolution, the functions of the MAS are as follows:
    1. receive records, consultations and notifications provided by relevant IMO instruments in the event of a vessel incident;
    2. following the vessel's situation when the reporting in 1 reveals an incident that may lead to a situation where the vessel needs assistance;
    3. be the point of contact between the master and the coastal State when the situation of the ship requires exchange of information between the latter and the coastal State, outside a situation of distress that can lead to a search and rescue operation;
    4. be the point of contact between those involved in a maritime assistance operation undertaken by private services at the request of the company and the coastal State when the company considers it necessary to follow the course of this operation.
    3.2. The creation of a MAS does not involve a reorganization of governmental or administrative competences or responsibilities since, according to the above resolution, the MAS is simply a point of contact. It implies, on the other hand, the establishment of procedures and instructions that allow the MAS to provide information to the competent body and that require the organizations concerned to go through the MAS to contact the vessel.
    Therefore, national instructions should indicate at least to the organization performing the functions of the MAS:
    to which authority or body it transmits the information collected from a ship, and
    ―of which authority or body it receives instructions on its action and the elements to be transmitted to the vessel.
    In any event, as soon as the information suggests that the vessel's situation could subsequently require a rescue, the MRCC, if it does not provide itself with the role of the MAS, must be informed so that it can prepare to intervene, if necessary.
    3.3. The above resolution and these directives would not prevent a government from giving its MAS other powers to a ship that requires assistance than those provided above.
    4. Operation of the MAS.
    4.1. A MAS should be operational 24 hours a day.
    4.2. The English language should be used in the exchanges between a vessel in need of assistance and an AMIS.
    4.3. MAS should be allowed by their respective governments to exchange information between them on the reports received and on situations where ships may need assistance.
    5. Communications.
    With regard to the provisions on means of communication with MAS, the COMSAR/Circ Circular could be used. 18 entitled: "Consignes relatives aux besoins minimaux des centres de coordination de secours maritime (MRCC) en matière de communication".


    APPENDIX TO ANNEX 2
    NOTIFICATION D'UN MAS À L'OMI
    MAS... (country name and possible additional indication)


    Telephone: +
    Fax: +
    Telex:
    Inmarsat C:
    MMSI:
    E-mail:
    RSFTA:
    Watch on metric waves:
    Postal address:
    Notification made on behalf of the Government ... by ... (name, telephone, fax, e-mail, postal address).


Done in Paris, February 23, 2010.


Nicolas Sarkozy


By the President of the Republic:


The Prime Minister,

François Fillon

Minister for Foreign Affairs

and European,

Bernard Kouchner

(1) This resolution entered into force on 5 December 2003.
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