EU has issued a set of guidelines to supplement the IMO guidelines to assist parties how to act in case of a marine casualty when a vessel needs a place of refuge. It is understood that the EU guidelines will apply where it is likely that one or more state may become involved, or where the casualty falls outside the jurisdiction of any state. The guidelines lay down parties’ responsibilities and also the procedure for how to apply for a place of refuge. Notably, there is still no absolute obligation on coastal states to provide a place of refuge although the guidelines provide that “the state that receivers a request to provide a place of refuge cannot refuse for commercial, financial or insurance reasons alone”.

Presumably completely unintentionally the issuance of the EU guidelines coincides with the decision by the Spanish Supreme Court on 26 January 2016 to sentence the Master of the PRESTIGE oil tanker, who requested but was not allowed a place of refuge by Spanish authorities in 2002, to two years imprisonment for recklessness. It should be noted that also the French and Portuguese authorities refused place of refuge for the PRESTIGE, which was forced away from the shore by naval vessels. The refusals have since then been criticized in that they significantly aggregated the consequences from the oil spill. Information about the PRESTIGE casualty can be found here.

---

Member Alert is published by The Swedish Club as a service to members. While the information is believed correct, the Club cannot assume responsibility for completeness or accuracy.