Clasification Society Rulefinder 2022 - Version 9.36
Statutory Documents - IMO Publications and Documents - Resolutions - Maritime Safety Committee - Resolution MSC.167(78) - Guidelines on the Treatment of Persons Rescued at Sea - (adopted on 20 May 2004) - The Maritime Safety Committee,

The Maritime Safety Committee,

 RECALLING Article 28(b) of the Convention on the International Maritime Organization concerning the functions of the Committee,

 NOTING resolution A.920(22) entitled “Review of safety measures and procedures for the treatment of persons rescued at sea”,

 RECALLING ALSO the provisions of the International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended relating to the obligation of:

  • shipmasters to proceed with all speed to the assistance of persons in distress at sea; and
  • Governments to ensure arrangements for coast watching and for the rescue of persons in distress at sea round their coasts,

 RECALLING FURTHER the provisions of the International Convention on Maritime Search and Rescue (SAR), 1979, as amended relating to the provision of assistance to any person in distress at sea regardless of the nationality or status of such person or the circumstances in which that person is found,

 NOTING ALSO article 98 of the United Nations Convention on the Law of the Sea, 1982, regarding the duty to render assistance,

 NOTING FURTHER the initiative taken by the Secretary-General to involve competent United Nations specialized agencies and programmes in the consideration of the issues addressed in this resolution, for the purpose of agreeing on a common approach which will resolve them in an efficient and consistent manner,

 REALIZING the need for clarification of existing procedures to guarantee that persons rescued at sea will be provided a place of safety regardless of their nationality, status or the circumstances in which they are found,

 HAVING ADOPTED, as its [seventy-eighth session], by resolution MSC.153(78) amendments to the SOLAS Convention, proposed and circulated in accordance with article VIII(b)(i) thereof, and by resolution MSC.155(78) amendments to the SAR Convention proposed and circulated in accordance with article III(2)(a) thereof,

 REALIZING FURTHER that the intent of the new paragraph 1-1 of SOLAS regulation V/33, as adopted by resolution MSC.153(78) and paragraph 3.1.9 of the Annex to the SAR Convention as adopted by resolution MSC.155(78), is to ensure that in every case a place of safety is provided within a reasonable time. It is further intended that the responsibility to provide a place of safety, or to ensure that a place of safety is provided, falls on the Contracting Government/Party responsible for the SAR region in which the survivors were recovered,

  1. ADOPTS Guidelines on the treatment of persons rescued at sea the text of which is set out in the Annex to the present resolution;

  2. INVITES Governments, rescue co-ordination centres and masters to establish procedures consistent with the annexed Guidelines as soon as possible;

  3. INVITES Governments to bring the annexed Guidelines to the attention of authorities concerned and to ship owners, operators and masters;

  4. REQUESTS the Secretary-General to take appropriate action in further pursuing his inter-agency initiative, informing the Maritime Safety Committee of developments, in particular with respect to procedures to assist in the provision of places of safety for persons in distress at sea, for action as the Committee may deem appropriate;

  5. DECIDES to keep this resolution under review.

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