2.1
regulation V/15 of
the 1995 SOLAS amendments reads:
“Search and Rescue
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(a) Each Contracting Government undertakes to
ensure that any necessary arrangements are made for coast watching
and for the rescue of persons in distress at sea around its coasts.
These arrangements should include the establishment, operation and
maintenance of such maritime facilities as are deemed practicable
and necessary having regard to the density of seagoing traffic and
the navigational dangers and should, so far as possible, afford adequate
means of locating and rescuing such persons.
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(b) Each Contracting Government undertakes to
make available information concerning its existing rescue facilities
and the plans for changes therein, if any.
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(c)
Passenger ships to which
chapter I applies, trading on fixed routes, shall have on board a
plan for co-operation with appropriate search and rescue services
in event of an emergency. The plan shall be developed in co-operation
between the ship and the search and rescue services and be approved
by the Administration. The plan shall include provisions for periodic
exercises to be undertaken as agreed by the passenger ship and the
search and rescue services concerned to test its effectiveness."
2.2 Article 12(2) of the Convention of the High
Seas, 1958 reads:
"Every coastal State shall promote the establishment and
maintenance of an adequate and effective search and rescue service
regarding safety on and over the sea and - where circumstances so
require - by way of mutual regional arrangements co-operate with neighbouring
States for this purpose."
2.3 The International Safety Management (ISM)
Code reads:
Preamble:
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“3 The Assembly ... recognised the need
for appropriate organisation of management to enable it to respond
to the need of those on board ships to achieve and maintain high standards
of safety and environmental protection.
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4 Recognising that no two shipping companies or
shipowners are the same, and that ships operate under a wide range
of different conditions, the Code is based on general principles and
objectives."
Chapter 1; paragraph 1.4.5:
"Every Company should develop, implement and maintain a
safety-management-system (SMS) which includes ... procedures to prepare
for and respond to emergency situations ..."
Chapter 8 (emergency preparedness); paragraphs 8.1 to 8.3:
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“.1 The Company should establish procedures
to identify, describe and respond to potential emergency shipboard
situations.
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2 The Company should establish programmes for
drills and exercises to prepare for emergency actions.
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3 The SMS should provide for measures ensuring
that the Company's organisation can respond at any time to hazards,
accidents and emergency situations involving its ships."
Chapter 12; paragraph 12.2:
"The Company should periodically evaluate the efficiency
of and, when needed, review the SMS in accordance with the procedures
established by the Company."
2.4 The High Speed Craft (HSC) Code reads:
Chapter 1 (General requirements); paragraph 1.2.7:
".... in the intended area of operation there will be suitable
rescue facilities readily available ..."
Chapter 18 (Operational requirements); paragraphs 18.1.3.15,
18.1.3.18.3 and 18.1.3.19:
- "The Administration should issue a Permit to Operate High Speed
Craft when it is satisfied that the operator has made adequate provisions
from the point of view of safety generally, including ...
- communication arrangements between craft, coast radio stations,
base ports radio stations, emergency services and other ships, including
radio frequencies to be used and watch to be kept ...
- the existence and use of adequate instructions regarding ... action
in the event of reasonable foreseeable emergencies; and
- provision of contingency plans by operators for foreseeable incidents
including all landbased activities for each scenario. The plans shall
provide operating crews with information regarding SAR authorities
and local administrations and organisations which may complement the
tasks undertaken by crews with the equipment available to them."