Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of State, Minister for Foreign and European Affairs,
Considering the Constitution, in particular articles 52 to 55;
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. 85-580 of 5 June 1985 Publication of the 1979 International Convention on Maritime Search and Rescue (SAR 1979), held in Hamburg on 27 April 1979,
Decrete:
Resolution MSC.70(69) (annex 3) on the adoption of amendments to the 1979 International Convention on Maritime Search and Rescue (as a whole), adopted in Hamburg on 18 May 1998, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister of State, Minister for Foreign and European Affairs, are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
R É S O L U T I O N M S C.7 0 ( 6 9 )
(ANNEXE 3)
RELATIVE À L'ADOPTION D'AMENDEMENTS À LA CONVENTION INTERNATIONALE DE 1979 SUR LA SEARCH ET LE SAUVETAGE MARITIMES (ENSEMBLE ANNEX)
THE COMMITTEE ON MARITIME SECURITY,
Recalling Article 28 (b) of the Convention establishing the International Maritime Organization relating to the functions of the Committee,
RECALLING TO ORDER Article III(2)(f) of the 1979 International Convention on Maritime Search and Rescue, referred to as the "Convention", concerning the procedures for amending the Annex to the Convention, excluding paragraphs 2.1.4, 2.1.5, 2.1.7, 2.1.10, 3.1.2 and 3.1.3,
EXAMINATE, at its sixty-ninth session, the amendments to the Convention that had been proposed and circulated in accordance with Article III(2)(a) of the Convention,
1. ADOPTE, in accordance with Article III(2)(c) of the Convention, the amendments to the Convention contained in the annex to this resolution;
2. DECIDE, in accordance with Article III(2)(f) of the Convention, that the amendments will be deemed to have been accepted on 1 July 1999 unless, before that date, more than one third of the Parties notified that they raise an objection against these amendments;
3. REQUESTS the Parties to the Convention to note that, in accordance with Article III(2)(h) of the Convention, the amendments will enter into force on 1 January 2000 when they have been accepted under the conditions specified in paragraph 2 above;
4. Requests the Secretary-General, in accordance with Article III(2)(d) of the Convention, to provide certified copies of this resolution and the text of the amendments contained in the Annex to all Parties to the Convention;
5. REQUESTS the Secretary-General to provide copies of this resolution and its annex to the Members of the Organization that are not Parties to the Convention.
A N N E X E
AMENDMENTS TO THE 1979 INTERNATIONAL CONVENTION
SUR LA SEARCH ET LE SAUVETAGE MARITIMES
The present text of the Annex to the Convention should be replaced by the following text:
“Chapter 1
1.1 The use of this indicator in the Appendix indicates that this is a provision whose uniform application by all Parties is necessary to safeguard human life at sea.
1.2 The use of the conditional in the Appendix indicates that this is a provision whose uniform application by all Parties is recommended for the safeguarding of human life at sea.
1.3 The terms and expressions below have the following meaning in the Appendix:
.1 "Search". Operation, normally coordinated by a rescue coordination centre or a secondary rescue centre, using personnel and available means, to locate people in distress.
.2 "Sauvetage" Operation intended to detect people in distress, to provide them with the first medical or other care they might need, and to restore them to a safe place.
.3 "Research and Rescue Service". Conduct, in the event of distress, monitoring, communication, coordination and search and rescue functions, including provision of initial medical advice, medical care or medical evacuation, using public and private resources, with the cooperation of aircraft, ships and other equipment and facilities.
.4 "Research and Rescue Region". Area of specific dimensions associated with a rescue coordination centre, within which search and rescue services are provided.
.5 "Safety Coordination Center". Centre to ensure the effective organization of search and rescue services and to coordinate search and rescue operations in a search and rescue region.
.6 "Second Rescue Center". Centre subordinated to a rescue coordination centre and complementary to it in accordance with the specific provisions of the responsible authorities.
.7 "Research and Rescue Movement". Any mobile resource, including designated search and rescue units, used to conduct a search and rescue operation.
.8 "Research and Rescue Unit". Unit consisting of trained personnel and equipped with equipment suitable for the rapid execution of search and rescue operations.
.9. Any means to be used as an intermediary between a person reporting an emergency situation and a rescue coordination centre or a rescue secondary centre.
.10 "Emergency Phase". A generic term that applies, as the case may be, to the uncertainty phase, to the alert phase or to the distress phase.
.11 "Phase of uncertainty". Situation in which there is a doubt about the safety of a person, ship or other equipment.
.12. Situation in which there is fear for the safety of a person, ship or other equipment.
.13 "Speed relief". Situation in which it is necessary to think that a person, a ship or other equipment are threatened with a grave and imminent danger and that they need immediate relief.
.14 "Coordinator on site". A designated person to coordinate search and rescue operations in a specified area.
.15 "Secretary-General". Secretary General of the International Maritime Organization.
(*) The current text of these paragraphs is incorporated in this document for reference purposes only and will not appear in the original text.
2.1 Provisions concerning the establishment and coordination of search and rescue services
2.1.1 Parties shall participate, to the extent that they may do so individually or in cooperation with other States and, where appropriate, with the Organization, in the development of search and rescue services to ensure that assistance is provided to any person in distress at sea. When informed that a person is, or appears to be, in distress at sea, the authorities responsible for a Party shall take urgent steps to ensure that the necessary assistance is provided.
2.1.2 The Parties shall establish, either individually or, where appropriate, in cooperation with other States, the following basic elements of a search and rescue service:
a legal framework;
.2 the designation of a responsible authority;
.3 the organization of available resources;
.4 means of communication;
.5 coordination and operational functions; and
.6 processes that can improve service, including national and international planning, cooperation relationships and training.
The Parties shall apply, to the extent possible, the relevant minimum standards and guidelines established by the Organization.
2.1.3 To help ensure that ground-based radiocommunication is adapted and that distress alerts are routed and coordinated operations properly to enable search and rescue services to carry out their operations effectively, Parties shall ensure, individually or in cooperation with other States, that a sufficient number of search and rescue areas are established in each marine area, in accordance with paragraphs 2.1.4 and 2.1.5. These regions should be contiguous and, to the extent possible, not overlapping.
2.1.4 Each search and rescue region is established by agreement between interested parties. The Secretary-General is informed of the conclusion of such an agreement.
2.1.5 If interested parties fail to reach agreement on the exact dimensions of a search and rescue region, these Parties shall make every possible effort to reach agreement on the adoption of appropriate provisions to ensure an equivalent overall coordination of search and rescue services in that area. The Secretary-General is informed of the adoption of such provisions.
2.1.6 Any agreement on the regions or provisions referred to in paragraphs 2.1.4. and 2.1.5 shall be registered by interested Parties or recorded in writing in the form of plans accepted by the Parties.
2.1.7 The delimitation of search and rescue regions is not linked to that of existing borders between States and does not prejudge any of these borders.
2.1.8 When considering establishing maritime search and rescue regions under an agreement, in the manner provided for in paragraph 2.1.4., or entering into an agreement on the adoption of appropriate provisions, in the manner provided for in paragraph 2.1.5., the Parties should endeavour to ensure, where appropriate, that their aeronautical and marine search and rescue services are consistent.
2.1.9 Parties that have accepted the responsibility to provide search and rescue services in a particular area shall use search and rescue units and other means available to assist a person who is or appears to be in distress at sea.
2.1.10 Parties shall ensure that assistance is provided to any person in distress at sea. They do so without taking into account the nationality or status of the person or the circumstances under which the person was found.
2.1.11 The Parties shall provide the Secretary-General with information on their search and rescue services, including:
.1 the national authority responsible for marine search and rescue services;
.2 the location of established rescue coordination centres or other centres that coordinate search and rescue operations in the search and rescue areas(s) and the means of communication in those areas;
3. the limits of their search and rescue region(s) and the coverage provided by their earthly means of distress and security communications; and
.4 the main types of search and rescue units available to them.
Parties shall update, as a matter of priority, the information provided to indicate any significant change. The Secretary-General shall communicate the information received to all Parties.
2.1.12 The Secretary-General shall notify all Parties of the agreements or provisions mentioned in paragraphs 2.1.4. and 2.1.5.
2.2 Establishment of national search and rescue services
2.2.1 Parties shall establish the national procedures necessary for the overall development, coordination and improvement of search and rescue services.
2.2.2 To enable search and rescue operations to be carried out effectively, Parties shall:
1. Ensure that available means are used in a coordinated manner;
.2 establish close cooperation between services and organizations that can help improve search and rescue services in areas such as operations, planning, training, exercises, and research and development.
2.3 Establishment of Rescue Coordination Centres and Rescue Secondary Centres
2.3.1 In accordance with the provisions of paragraph 2.2, the Parties shall establish, individually or in cooperation with other States, life-saving coordination centres for the search and rescue services of which they are responsible, as well as secondary life-saving centres that they consider necessary.
2.3.2 Each rescue coordination centre and rescue secondary centres established in accordance with the provisions of paragraph 2.3.1. shall take the necessary steps to receive distress alerts from its search and rescue region. Any centre thus established shall also make the necessary arrangements to communicate with persons in distress, search and rescue, and other rescue coordination centres or rescue secondary centres.
2.3.3 Every rescue coordination centre shall be operational 24 hours a day and shall be permanently staffed with training and practical knowledge of the English language (**).
(**) Refer to the IMO Standardized phrases for Marine Communications (MSC/Circ.794) section on search and rescue.
2.4 Coordination with aeronautical services
2.4.1 Parties shall ensure as close coordination as possible between marine and aeronautical services in order to establish search and rescue services as effective as possible within and above their search and rescue areas.
2.4.2 Where possible, any Party should establish Rescue Coordination Centres and Joint Rescue Secondary Centres, which are usable both for maritime and aeronautical purposes.
2.4.3 When separate rescue coordination centres or rescue secondary centres are established for marine and aeronautical operations in the same area, the concerned party shall ensure as close coordination as possible between secondary centres or centres.
2.4.4 Parties shall ensure that search and rescue units established for maritime purposes and those established for aeronautical purposes shall, to the extent possible, use common procedures.
2.5 Designation of search and rescue means
Parties shall identify all available means to participate in search and rescue operations and may designate suitable means as search and rescue units.
2.6 Search and Rescue Unit Equipment
2.6.1 Each search and rescue unit has the equipment necessary to carry out its task.
2.6.2 The general nature of the contents of containers or largable chains for survivors should be indicated by marks conforming to the standards adopted by the Organization.
3.1 Cooperation between States
3.1.1 The parties coordinate their search and rescue services and should, whenever necessary, coordinate their search and rescue operations with neighbouring States.
3.1.2 Unless otherwise agreed by the States concerned, a Party should allow the rescue units of the other Parties, subject to applicable national laws, rules and regulations, to immediately enter its territorial sea or its territory or to fly over them for the sole purpose of seeking the position of injured ships and collecting the survivors of such accidents. In such cases, search and rescue operations are, to the extent possible, coordinated by the appropriate Rescue Coordination Centre of the Party which authorized the entry or any other authority designated by that Party.
3.1.3 Unless otherwise agreed by the States concerned, the authorities of a Party wishing to have its rescue units penetrate the territorial sea or the territory of another Party or overflight them for the sole purpose of seeking the position of accidental vessels and collecting the survivors of such accidents, shall submit a request containing full information on the planned mission and its necessity to the Rescue Coordination Centre of that other Party by that other Party or
3.1.4 Authorities responsible for the Parties:
.1 immediately acknowledge receipt of this request; and
.2 shall indicate as soon as possible the conditions under which the planned mission may be carried out.
3.1.5 Parties should conclude agreements with neighbouring States specifying the conditions for mutual admission of search and rescue units within or above their territorial sea or territory. These agreements should also provide for provisions to accelerate the admission of these units by avoiding any formality as much as possible.
3.1.6 Any Party should authorize its Rescue Coordination Centres:
.1 to request any other life-saving coordination centre for the relief they may need (ships, aircraft, personnel and equipment, etc.);
2. to grant the necessary authorization to permit such vessels, aircraft, personnel or equipment to enter or overflight the territorial sea or its territory; and
.3 to take the necessary steps with the competent customs, immigration, health or other services in order to expedite the admission process.
3.1.7 Each Party shall ensure that its Rescue Coordination Centres provide, upon request, assistance to other Rescue Coordination Centres, including the provision of vessels, aircraft, personnel or equipment to them.
3.1.8 Parties should enter into agreements with other States, as appropriate, to strengthen cooperation and coordination in search and rescue. Parties shall empower their responsible authority to plan, at the level of the execution of operations, and organize the cooperation and coordination referred to above with the authorities responsible for other States.
4.1 Preliminary measures
4.1.1 Each Rescue Coordination Centre and each Rescue Secondary Centre shall have up-to-date information in areas of interest to search and rescue operations in its area, in particular with respect to search and rescue means and available means of communication.
4.1.2 Each Rescue Coordination Centre and each Rescue Secondary Centre should be able to easily obtain information on the position, heading and speed of vessels in its area that are likely to provide assistance to persons, ships or other equipment in distress at sea, and on how to contact them. This information should either be retained by the Rescue Coordination Centre or be readily available if necessary.
4.1.3 Each Rescue Coordination Centre and each Rescue Secondary Centre have detailed operational plans for the conduct of search and rescue operations at their disposal. Where applicable, these plans are developed in collaboration with entity representatives who can assist in or benefit from the search and rescue services.
4.1.4 Rescue coordination centres or rescue secondary centres are kept informed of the availability of search and rescue units.
4.2 Emergency information
4.2.1 Parties shall ensure, individually or in cooperation with other States, that they are able to receive 24 hours a day, in a reliable and timely manner, distress alerts from equipment used for this purpose in their search and rescue regions. Any alert that receives a distress alert:
.1 immediately terminates this alert to the Rescue Coordination Centre or the appropriate Rescue Secondary Centre and provides the necessary assistance in search and rescue communications;
.2 if possible, acknowledge receipt of the alert.
4.2.2 The Parties shall ensure, where appropriate, that effective arrangements are made to register communications equipment and respond to emergency situations in order to enable any rescue coordination centre or rescue secondary centre to quickly access the relevant registration information.
4.2.3 Any authority or element of search and rescue services that has reason to believe that a person, vessel or other equipment is in an emergency situation must, as soon as possible, disclose all available information to the Rescue Coordination Centre or the relevant Rescue Secondary Centre.
4.2.4 Rescue Coordination Centres and Rescue Secondary Centres shall, upon receipt of information relating to an emergency person, vessel or other equipment, assess this information and determine the emergency phase in accordance with paragraph 4.4, and the extent of the required operations.
4.3 Operation trigger
Any search and rescue unit that is aware of a distress case shall first take immediate steps, if it is in a position to assist and, in any case, notify the rescue coordination centre or the secondary rescue centre of the area where the distress occurred.
4.4 Emergency phases
To more easily determine the implementation procedures to be followed, the Rescue Coordination Centre or the relevant Rescue Secondary Centre distinguishes the following emergency phases:
.1 Uncertainty phase:
.1.1 where a person has been reported missing or a ship or other equipment has not arrived at destination; or
.1.2 where a person, vessel or other equipment has not indicated its position or safety status as provided.
.2. Alert phase:
.2.1 where, as a result of a phase of uncertainty, attempts to establish contact with a person, vessel or other equipment have failed or where investigations of other appropriate sources have not been successful; or
.2.2 where the information received indicates that the effectiveness of the operation of a vessel or other equipment is compromised, but this may lead to a distress case.
.3.
.3.1 where the information received clearly indicates that a person, vessel or other equipment is in danger and must be immediately assisted; or
.3.2 where, as a result of the alert phase, any new attempt to establish contact with a person, vessel or other equipment and any further investigation shall not result, which leads to the belief that there may be a case of distress; or
.3.3 where the information received indicates that the effectiveness of the operation of a vessel or other equipment is compromised in such a way that a distress case is likely.
4.5 Procedures to be followed by rescue coordination centres and rescue secondary centres during emergency phases
4.5.1 When a phase of uncertainty is reported, the Rescue Coordination Centre or the Rescue Secondary Centre, where applicable, initiates an investigation to determine the safety of a person, vessel or other equipment, or triggers the alert phase.
4.5.2 When an alert phase is declared, the Rescue Coordination Centre or the Rescue Secondary Centre, where applicable, extends the investigation undertaken to try to find the missing person, vessel or other equipment, advises the relevant search and rescue services and triggers the necessary measures according to the circumstances specific to each case.
4.5.3 When a distress phase is declared, the Rescue Coordination Centre or the Rescue Secondary Centre, if any, shall proceed in the manner prescribed in its operational plans as required in paragraph 4.1.
4.5.4 Launch search and rescue operations when the position of the requested object is unknown:
In the event that an emergency phase would be declared in respect of a wanted object whose position is unknown, the following provisions apply:
.1 where an emergency phase exists, a rescue coordination centre or a secondary rescue centre shall, unless it is aware that other centres take measures, initiate the necessary measures and confer with other centres to designate a centre that is responsible for operations;
.2 unless otherwise agreed by the centres concerned, the centre so designated shall be the centre responsible for the area where the object was sought from its last reported position; and
.3 after the outbreak of the distress phase, the centre responsible for coordinating search and rescue operations shall, as appropriate, inform the other centres of all the circumstances of the emergency and the evolution of the situation.
4.5.5 Information of persons, vessels or other equipment that are the subject of the emergency phase:
Where possible, the rescue coordination centre or the secondary rescue centre responsible for search and rescue operations shall communicate to the person, vessel or other equipment that is the subject of the emergency phase the information concerning the search and rescue operations that this centre has initiated.
4.6 Coordination of operations where at least two Parties are concerned
In the case of search and rescue operations involving more than one Party, each Party shall take appropriate measures, in accordance with the operational plans referred to in paragraph 4.1, when invited by the Rescue Coordination Centre in that region.
4.7 On-site coordination of search and rescue activities
4.7.1 The activities of search and rescue units and other means involved in search and rescue operations are coordinated on site to achieve the most effective results.
4.7.2 When several means are prepared to initiate search and rescue operations and where the Rescue Coordination Centre or Rescue Secondary Centre deems it necessary, the most capable person should be designated as an on-site coordinator as soon as possible and, preferably, prior to the arrival of the means in the specified area of operations. Accurate responsibilities are assigned to the on-site coordinator taking into account the skills it appears to possess and operational needs.
4.7.3 If there is no responsible Rescue Coordination Centre or, for any reason, the responsible Rescue Coordination Centre is not in a position to coordinate the search and rescue mission, the participating means should jointly designate an on-site coordinator.
4.8 End and suspension of search and rescue operations
4.8.1 Search and rescue operations continue, where possible in practice, until there is no longer any reasonable hope of gathering survivors.
4.8.2 The responsible Rescue Coordination Centre or the relevant Rescue Secondary Centre shall normally decide when search and rescue operations must be terminated. If no centre participates in the coordination of operations, the on-site coordinator makes the decision.
4.8.3 When a rescue coordination centre or a secondary rescue centre, based on reliable information, considers that a search and rescue operation has resulted or that the emergency no longer exists, it terminates the search and rescue operation and promptly informs the authorities, means or services that have been alerted or notified.
4.8.4 When an on-site search and rescue operation becomes impossible to carry out and the Rescue Coordination Centre or Rescue Secondary Centre concludes that there may still be survivors, the centre may temporarily interrupt on-site activities pending new developments and promptly inform the authorities, means or services that have been alerted or notified. The information received subsequently is evaluated and search and rescue operations resume when this information warrants it.
5.1 General
5.1.1 Ship reporting systems may be established by the Parties either individually or in cooperation with other States, where deemed necessary, to facilitate search and rescue operations.
5.1.2 Parties considering the establishment of a ship reporting system should take into account the relevant recommendations of the Organization. Parties should also determine whether current reporting systems or other sources of information on vessel position may provide appropriate information for the region; They should endeavour to reduce the number of unnecessary additional reports or to ensure that rescue coordination centres are no longer required to verify multiple reporting systems to determine whether a vessel can assist in search and rescue operations.
5.1.3 The ship reporting system should provide up-to-date information on vessel movements so that, in the event of distress,:
.1 reduce the interval between the time a vessel was lost to contact and the time the search and rescue operations were initiated, when no distress signal was received;
.2 quickly identify vessels to which assistance may be sought;
.3 delineate a search area of a limited scope in the event that the position of a person, vessel or other equipment in distress is unknown or uncertain;
.4 more easily provide urgent medical care or advice.
5.2 Operational characteristics
5.2.1 Ship reporting systems should meet the following requirements:
.1 Provision of information, including road plans and position records, to determine the current and future position of participating vessels;
.2 holding a pointing of vessel position;
.3 Receiving, at appropriate intervals, records of participating vessels;
4. simplicity of design and operation;
.5 use of internationally agreed standard format and procedures for records.
5.3 Types of records
5.3.1 A ship reporting system should include the following types of ship reporting, as recommended by the Organization:
.1 Road map;
.2. Position statement; and
.3 Final report.
5.4. Use of systems
5.4.1 Parties should encourage all vessels to report their position when they cross areas where arrangements have been made to gather position information for search and rescue purposes.
5.4.2 Parties that collect information on the position of vessels should, to the extent possible, communicate it to other States that apply to them for search and rescue. »
Done on November 21, 2011.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of State,
Minister for Foreign Affairs
and European,
Alain Juppé