LegalizeDecreto do Governo n.º 32/85 — Aprova para adesão a Convenção Internacional sobre Busca e Salvamento Marítimo, de 1979
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Aprova para adesão a Convenção Internacional sobre Busca e Salvamento Marítimo, de 1979
The action to be taken jointly with other rescue co-ordination centres or rescue sub-centres, as appropriate;
The methods of alerting vessels at sea and en route aircraft;
The duties and authority of personnel assigned to search and rescue operations;
Possible redeployment of equipment that may be necessitated by meteorological or other conditions;
The methods of obtaining essential information relevant to search and rescue operations, such as appropriate notices to mariners and reports and forecasts of weather and sea surface conditions;
The methods of obtaining from other rescue co-ordination centres or rescue sub-centres, as appropriate, such assistance as may be needed, including vessels, aircraft, personnel and equipment;
The methods of assisting rescue vessels or other vessels to rendez-vous with vessels in distress; and
The methods of assisting distressed aircraft compelled to ditch to rendez-vous with surface craft.
4.3 - Preparedness of rescue units:
4.3.1. Each designated rescue unit shall maintain a state of preparedness commensurate with its task and should keep the appropriate rescue co-ordination centre or rescue sub-centre informed of its state of preparedness.
CHAPTER 5
Operating procedures
5.1 - Information concerning emergencies:
5.1.1. Parties shall ensure that such continuous radio watches as are deemed practicable and necessary, are maintained on international distress frequencies. A coast radio station receiving any distress call or message shall:
Immediately inform the appropriate rescue co-ordination centre or rescue sub-centre;
Rebroadcast to the extent necessary to inform ships on one or more of the international distress frequencies or on any other appropriate frequency:
Precede such rebroadcasts with the appropriate automatic alarm signals unless this has already been done; and
Take such subsequent action as decided by the competent authority.
5.1.2. Any authority or element of the search and rescue organization having reason to believe that a vessel is in a state of emergency should give as soon as possible all available information to the rescue co-ordination centre or rescue subcentre concerned.
5.1.3. Rescue co-ordination centres and rescue sub-centres shall, immediately upon receipt of information concerning a vessel in a state of emergency, evaluate such information and determine the phase of emergency in accordance with paragraph 5.2 and the extent of operation required.
5.2 - Emergency phases:
5.2.1. For operational purposes, the following emergency phases shall be distinguished:
Uncertainty phase:
1.1. When a vessel has been reported overdue at its destination; or
1.2. When a vessel has failed to make an expected position or safety report.
Alert phase:
2.1. When, following the uncertainty phase, attempts to establish contact with the vessel have failed and inquiries addressed to other appropriate sources have been unsuccessful; or
2.2. When information has been received indicating that the operating efficiency of a vessel is impaired but not to the extent that a distress situation is likely.
Distress phase:
3.1. When positive information is received that a vessel or a persons is in grave and imminent danger and in need of immediate assistance; or
3.2. When, following the alert phase, further unsuccessful attempts to establish contact with the vessel and more widespread unsuccessful inquiries point to the probability that the vessel is in distress; or
3.3. When information is received which indicates that the operating efficiency of a vessel has been impaired to the extent that a distress situation is likely.
5.3 Procedures for rescue co-ordination centres and rescue sub-centres during emergency phases:
5.3.1. Upon the declaration of the uncertainty phase, the rescue co-ordination centre or rescue sub-centre, as appropriate, shall initiate inquiries in order to determine the safety of the vessel or shall declare the alert phase.
5.3.2. Upon the declaration of the alert phase, the rescue co-ordination centre or rescue subcentre, as appropriate, shall extend the inquiries for the missing vessel, alert appropriate search and rescue services and initiate such action, as described in paragraph 5.3.3, as is necessary in the light of the circumstances of the particular case.
5.3.3. Upon the declaration of the distress phase, the rescue co-ordination centre or rescue sub-centre, as appropriate, shall:
Initiate action in accordance with the arrangements set out in paragraph 4.2;
Where appropriate, estimate the degree of uncertainty of the vessel's position and determine the extent of any area to be searched;
Notify the owner of the vessel or his agent if possible and keep him informed of developments;
Notify other rescue co-ordination centres or rescue sub-centres, the help of which seems likely to be required or which may be concerned in the operation;
Request at an early stage any help which might be available from aircraft, vessels or services not specifically included in the search and rescue organization, considering that, in the majority of distress situation in ocean areas, other vessels in the vicinity are important elements for search and rescue operations;
Draw up a broad plan for the conduct of the operations from the information available and communicate such plan to the authorities designated in accordance with paragraphs 5.7 and 5.8 for their guidance;
Amend as necessary in the light of circumstances the guidance already given in paragraph 5.3.3.6;
Notify the consular or diplomatic authorities concerned or, if the incident involves a refugee or displaced person, the office of the competent international organization;
Notify accident investigation authorities as appropriate; and
Notify any aircraft, vessel or other services mentioned in paragraph 5.3.3.5 in consultation with the authorities designated in accordance with paragraph 5.7 or 5.8, as appropriate, when their assistance is no longer required.
5.3.4. Initiation of search and rescue operations in respect of a vessel whose position is unknown:
5.3.4.1. In the event of an emergency phase being declared in respect of a vessel whose positions is unknown, the following shall apply:
When a rescue co-ordination centre or rescue sub-centre is notified of the existence of an emergency phase and is unaware of other centres taking appropriate action, it shall assume responsibility for initiating suitable action and confer with neighbouring centres with the objective of designating one centre to assume responsibility forthwith;
Unless otherwise decided by agreement between the centres concerned, the centre to be designated shall be the centre responsible for the area in which the vessel was according to its last reported position; and
After the declaration of the distress phase, the centre co-ordinating the search and rescue operations shall, if necessary, inform other appropriate centres of all the circumstances of the state of emergency and of all subsequent developments.
5.3.5. Passing information to vessels in respect of which an emergency phase has been declared:
5.3.5.1. Whenever applicable, the rescue co-ordination centre or rescue sub-centre responsible for search and rescue operations shall be responsible for passing to the vessel for which an emergency phase has been declared, information on the search and rescue operation it has initiated.
5.4 - Co-ordination when two or more parties are involved:
5.4.1. Where the conduct of operations over the entire search and rescue region is the responsibility of more than one Party, each Party shall take appropriate action in accordance with the operating plans or instructions referred to in paragraph 4.2 when so requested by the rescue co-ordination centre of the region.
5.5 - Termination and suspension of search and rescue operations.
5.5.1. Uncertainty phase and alert phase:
5.5.1.1. When during an uncertainty phase or an alert phase a rescue co-ordination centre or rescue sub-centre, as appropriate, is informed that the emergency no longer exists, it shall so inform any authority, unit or service which has been activated or notified.
5.5.2. Distress phase:
5.5.2.1 When during a distress phase a rescue co-ordination centre or rescue sub-centre, as appropriate, is informed by the vessel in distress or other appropriate sources that the emergency no longer exists, it shall take the necessary action to terminate the search and rescue operations and to inform any authority, unit or service which has been activated or notified.
5.5.2.2. If during a distress phase it has been determined that the search should be discontinued the rescue co-ordination centre or rescue sub-centre, as appropriate, shall suspend the search and rescue operations and so inform any authority, unit or service which has been activated or notified. Information subsequently received shall be evaluated and search and rescue operations resumed when justified on the basis of such information.
5.5.2.3. If during a distress phase it has been determined that further search would be of no avail, the rescue co-ordination centre or rescue sub-centre, as appropriate, shall terminate the search and rescue operations and so inform any authority, unit or service which has been activated or notified.
5.6 - On-scene co-ordination of search and rescue activities:
5.6.1 The activities of units engaged in search and rescue operations, whether they be rescue units or other assisting units, shall be co-ordinated to ensure the most effective results.
5.7 - Designation of on-scene commander and his responsibilities:
5.7.1. When rescue units are about to engage in search and rescue operations, one of them should be designated on-scene commander its early as practicable and preferably before arrival within the specified search area.
5.7.2. The appropriate rescue co-ordination centre or rescue sub-centre should designate an on-scene commander. If this is not practicable, the units involved should designate by mutual agreement an on-scene commander.
5.7.3. Until such time as an on-scene commander has been designated, the first rescue unit arriving at the scene of action should automatically assume the duties and responsibilities of an on-scene commander.
5.7.4. An on-scene commander shall be responsible for the following tasks when these have not been performed by the responsible rescue co-ordination centre or rescue sub-centre, as appropriate:
Determining the probable position of the object of the search, the probable margin of error in this position, and search area;
Making arrangements for the separation for safety purposes of units engaged in the search;
Designating appropriate search patterns for the units participating in the search and assigning search areas to units or groups of units;
Designating appropriate units to effect rescue when the object of the search is located; and
Co-ordinating on-scene search and rescue communications.
5.7.5. An on-scene commander shall also be responsible for the following:
Making periodic reports to the rescue co-ordination centre or rescue sub-centre which is co-ordinating the search and rescue operations; and
Reporting the number and the names of survivors to the rescue co-ordination centre or rescue sub-centre which is co-ordinating the search and rescue operations, providing the centre with the names and destinations of units with survivors aboard, reporting which survivors are in each unit and requesting additional assistance from the centre when necessary, for example, medical evacuation of seriously injured survivors.
5.8 - Designation of co-ordinator surface search and his responsibilities:
5.8.1. If rescue units (including warships) are not available to assume the duties of an on-scene commander but a number of merchant vessels or other vessels are participating in the search and rescue operations, one of them should be designated by mutual agreement as co-ordinator surface search.
5.8.2. The co-ordinator surface search should be designated as early as practicable and preferably before arrival within the specified search area.
5.8.3. The co-ordinator surface search should be responsible for as many of the tasks listed in paragraphs 5.7.4 and 5.7.5 as the vessel is capable of performing.
5.9 - Initial action:
5.9.1. Any unit receiving information of a distress incident shall take whatever immediate action to assist as is within its capability or shall alert other units which might be able to assist and shall notify the rescue co-ordination centre or rescue sub-centre in whose area the incident has occurred.
5.10 - Search areas:
5.10.1. Search areas determined in accordance with paragraph 5.3.3.2, 5.7.4.1 or 5.8.3 maybe altered as appropriate by the on-scene commander or the co-ordinator surface search, who should notify the rescue co-ordination centre or rescue sub-centre of his action and his reasons for doing so.
5.11 - Search patterns:
5.11.1. Search patterns designated in accordance with paragrah 5.3.3.6, 5.7.4.3 or 5.8.3 may be changed to other patterns if considered necessary by the on-scene commander or the co-ordinator surface search, who should notify the rescue co-ordination centre or rescue subcentre of his action and his reasons for doing so.
5.12 - Search successful:
5.12.1. When the search has been successful the on-scene commander or the co-ordinator surface search should direct the most suitably equipped units to conduct the rescue or to provide other necessary assistance.
5.12.2. Where appropriate the units conducting the rescue should notify the on-scene commander or the co-ordinator surface search of the number and names of survivors aboard, whether all personnel have been accounted for and whether additional assistance is required, for example, medical evacuations, and the destination of the units.
5.12.3. The on-scene commander or the coordinator surface search should immediately notify the rescue co-ordination centre or rescue subcentre when the search has been successful.
5.13 - Search unsuccessful:
5.13.1. The search should only be terminated when there is no longer any reasonable hope of rescuing survivors.
5.13.2. The rescue co-ordination centre or rescue sub-centre co-ordinating the search and rescue operations should normally be responsible for terminating the search.
5.13.3. In remote ocean areas not under the responsibility of a rescue co-ordination centre or where the responsible centre is not in a position to co-ordinate the search and rescue operations, the on-scene commander or the co-ordinator surface search may take responsibility for terminating the search.
CHAPTER 6
Ship reporting systems
6.1 - General:
6.1.1. Parties should establish a ship reporting system for application within any search and rescue region for which they are responsible, where this is considered necessary to facilitate search and rescue operations and is deemed practicable.
6.1.2. Parties contemplating the institution of a ship reporting system should take account of the relevant recommendations of the Organization.
6.1.3. The ship reporting system should provide up-to-date information of the movements of vessels in order, in the event of a distress incident:
To reduce the interval between the loss of contact with a vessel and the initiation of search and rescue operations in cases where no distress signal has been received;
To permit rapid determination of vessels which may be called upon to provide assistance;
To permit delineation of a search area of limited size in case the position of a vessel in distress is unknown or uncertain; and
To facilitate the provision of urgent medical assistance or advice to vessels not carrying a doctor.
6.2 - Operational requirements:
6.2.1. To achieve the objectives set out in paragrah 6.1.3, the ship reporting system should satisfy the following operational requirements:
Provision of information, including sailing plans and position reports, which would make it possible to predict the future positions of participating vessels;
Maintenance of a shipping plot;
Receipt of reports at appropriate intervals from participating vessels;
Simplicity in system design and operation, and
Use of an internationally agreed standard ship reporting format and internationally agreed standard procedures.
6.3 - Types of reports:
6.3.1. A ship reporting system should incorporate the following reports:
Sailing plan - giving name, call sign or ship station identity, date and time (in GMT) of departure, details of the vessel's point of departure, next port of call, intended route, speed and expected date and time (in GMT) of arrival. Significant changes should be reported as soon as possible;
Position report - giving name, call sign or ship station identity, date and time (in GMT), position, course and speed;
Final report - giving name, call sign or ship station identity, date and time (in GMT) of arrival at destination or of leaving the area covered by the system.
6.4 - Use of systems:
6.4.1. Parties should encourage all vessels to report their positions when travelling in areas where arrangements have been made to collect information on positions for search and rescue purposes.
6.4.2. Parties recording information on the position of vessels should disseminate, so far as practicable. such information to other States when so requested for search and rescue purposes.
Resolutions adopted by the Conference
RESOLUTION 1
Arrangements for provision and co-ordination of search and rescue services
The Conference,
Noting the provisions of the annex to the International Convention on Maritime Search and Rescue, 1979, concerning arrangements for the provision and co-ordination of search and rescue services,
Noting further that the annex provides that maritime search and rescue regions shall be established by agreement among the Parties,
Recognizing that aeronautical search and rescue services have been established by Contracting States to the Convention on International Civil Aviation,
Bearing in mind that close co-operation between maritime and aeronautical search and rescue services is essential,
Recognizing further the need to provide and co-ordinate maritime search and rescue services on a world-wide basis,
Noting also the need for further action,
resolves:
To urge States to provide, to the extent that it may be necessary and feasible, co-ordination of search and rescue services in all sea areas regardless of whether or not they provide those services for aeronautical purposes;
To urge States to forward to the International Maritime Organization information on their national search and rescue services and to invite the secretary-general of that Organization to circulate the information received to all its Member Governments;
To invite the International Maritime Organization:
1) To continue to work closely with the International Civil Aviation Organization in order to harmonize aeronautical and maritime search and rescue plans and procedures;
2) To publish all available information concerning agreements on maritime search and rescue regions or arrangements for equivalent overall co-ordination of maritime search and rescue services; and
3) To advise and assist States in the establishment of their search and rescue services.
RESOLUTION 2
Cost to ships of participation in ship reporting systems
The Conference,
Noting Recommendation 47 of the International Conference on Safety of Life at Sea, 1960,
Recognizing that, with the growing importance of national, and possibly in the future, of international ship reporting systems, Recommendation 47 has probably more significance today than when it was originally adopted.
Recognizing further that the absence of any charge for participation could provide, as has already been demonstrated, a powerful incentive for ships to co-operate in voluntary ship reporting systems,
Recognizing in addition that ships' participation in voluntary ship reporting systems has demonstrated that it has safety advantages,
recommends:
That States should arrange that participation in such systems shall be free of message cost to the ships concerned.
RESOLUTION 3
Need for an internationally agreed format and procedure for ship reporting systems
The Conference,
Considering the provisions of Chapter 6 of the annex to the International Convention on Maritime Search and Rescue, 1979, relating to ship reporting systems.
Considering further that several national ship reporting systems are in force at present using differing procedures and reporting formats,
Recognizing that masters of international trading vessels moving from an area covered by one ship reporting systems to another could become confused by these differing procedures and reporting formats,
Recognizing further that the possibility of such confusion could be much reduced by the adoption of an internationally agreed standard ship reporting format and internationally agreed standard procedures,
invite the International Maritime Organization to develop, using the annexed format as a basis, an internationally agreed format for ship reporting systems established for the purpose of search and rescue in accordance with the provisions of chapter 6 of the annex to the Convention and requests that Organization to ensure that all reporting systems, established for purpose other than search and rescue, are as far as possible compatible in reporting format and procedures with those to be developed for the purpose of search and rescue.
ANNEX
Ship reporting format and procedures
([ver documento original](https://files.diariodarepublica.pt/1s/1985/08/18700/26182643.pdf))
RESOLUTION 4
Search and rescue manuals
The Conference,
Noting that the International Maritime Organization has prepared a Merchant Ship Search and Rescue Manual (MERSAR) and an IMO Search and Rescue Manual (IMOSAR),
Recognizing that the Merchant Ship Search and Rescue Manual provides valuable guidance for seafarers during emergencies at sea,
Recognizing further that the IMO Search and Rescue Manual contains guidelines for Governments wishing to establish or develop their search and rescue organizations and for personnel who may be involved in the provision of search and rescue services,
Being of the opinion that the manuals constitute a valuable supplement to the International Convention on Maritime Search and Rescue, 1979, and its annex and whill greatly contribute towards the objectives of the Convention,
resolves:
To urge States to use the guidelines provided in the manuals and to bring them to the attention of all concerned; and
To endorse the action already taken by the International Maritime Organization for ammending and keeping the manuals up-to-date.
RESOLUTION 5
Frequencies for maritime search and rescue
The Conference,
Noting that the World Administrative Radio Conference, 1979, will decide on measures which could have a far-reaching effect on the frequency spectrum,
Bearing in mind that the frequencies used in the present maritime distress system do not make adequate provision for ships in distress at a distance of more than approximately 150 miles from the coast,
Recognizing that all maritime radiocommunications, whether making use of distress or public correspondence frequencies, can have distress kind safety implications,
urges the World Administrative Radio Conference, 1979:
To allocate one frequency, to be reserved exclusively for distress and safety purposes, in each of the 4, 6, 8, 12 and 16 MHz maritime mobile bands using A3J class of emission for use in all ITU Regions and to include guard bands on each of these frequencies; the use of digital selective calling should be permitted on these frequencies; and
To recognize that all telecommunications to and from ships at sea may comprise elements of importance to search and rescue, and to support proposals for adequate frequency allocations to the maritime mobile service.
RESOLUTION 6
Development of a global maritime distress and safety system
The Conference,
Having concluded the International Convention on Maritime Search and Rescue, 1979, which establishes an international plan for the co-ordination of search and rescue operations,
Recognizing that the existence of an effective distress and safety communications network is important for the efficient operation of the search and rescue plan,
Being aware that the Inter-Governmental Maritime Consultative Organization has under continuous review the maritime distress and safety system and has adopted resolutions dealing with the communications aspects of the system,
Considering that a global maritime distress and safety system should provide, among other things, the essential radio elements of the international search and rescue plan,
invites the International Maritime Organization to develop a global maritime distress and safety system that includes telecommunications provisions for the effective operation of the search and rescue plan prescribed by the annex to the International Convention on Maritime Search and Rescue, 1979.
RESOLUTION 7
Harmonization of search and rescue services with maritime meteorological services
The Conference,
Bearing in mind the importance of meteorological and oceanographical information in search and rescue operations,
Considering the desirability of meteorological information covering the same areas as search and rescue regions,
Considering further that routine weather reports from ships normally include the ship's position,
Being of the opinion that the practice of ships transmitting weather reports and position reports through the same coast radio station would facilitate the transmission of such reports and encourage ship participation in both systems,
invites the international Maritime Organization:
To work closely with the World Meteorological Organization to explore the practicability of harmonizing the areas of maritime meteorological forecasts and warnings with maritime search and rescue regions;
To request the World Meteorological Organization to take steps to ensure that up-to-date meteorological and oceanographical information is immediately available to the search and rescue services for the whole of the regions they serve; and
To investigate the feasibility of ships making weather and position reports to the same coast radio station.
RESOLUTION 8
Promotion of technical co-operation
The Conference,
Recognizing that prompt and effective maritime search and rescue requires broad international co-operation and substantial technical and scientific resources,
Recognizing further that Parties to the International Convention on Maritime Search and Rescue, 1979, will be called upon to make arrangements to achieve the objectives of that that Convention and to assume full responsibility for such arrangements,
Being convinced that the promotion of technical co-operation at intergovernmental level will expedite the implementation of the Convention by States that do not as yet possess the necessary technical and scientific resources,
urges States to promote, in consultation with, and with the assistance of the International Maritime Organization, support for States requesting technical assistance for:
The training of personnel necessary for search and rescue; and
The provision of the equipment and facilities necessary for search and rescue,
further urges States to implement the above-mentioned measures without awaiting the entry into force of the Convention.
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