{"id":21379,"date":"2020-10-21T16:06:54","date_gmt":"2020-10-21T15:06:54","guid":{"rendered":"https:\/\/seafarersrights.org\/?p=21379"},"modified":"2020-10-21T16:10:51","modified_gmt":"2020-10-21T15:10:51","slug":"open-letter-from-shipping-industry-calls-for-protection-for-merchant-vessels","status":"publish","type":"post","link":"https:\/\/seafarersrights.org\/open-letter-from-shipping-industry-calls-for-protection-for-merchant-vessels\/","title":{"rendered":"Open letter from shipping industry calls for protection for merchant vessels"},"content":{"rendered":"
\n\n\n\n
\n\n\n\n
The European and International Shipowners’ Associations and European and International Transport Workers’ Unions have written an open letter expressing concerns that the\u00a0European Commission\u2019s new\u00a0migration pact fails to deliver any reassurances to merchant vessels and their\u00a0crews.<\/strong><\/p>\n

\"\"The letter reads, “We write on behalf of the European and International Shipowners\u2019 Associations\u00a0and European and International Maritime Transport Workders\u2019 Unions, to express\u00a0our deep disappointment and concern that the European Commission\u2019s new\u00a0migration pact fails to deliver any reassurances to merchant vessels and their\u00a0crews. We urge the European Commission to remind EU Member States of their\u00a0responsibilities to ensure prompt and predictable disembarkations when merchant\u00a0ships have rescued persons in distress.<\/p>\n

The recent cases of the Talia and Maersk Etienne saw merchant ships denied their\u00a0right to disembark rescued persons in EU Member States, resulting in\u00a0humanitarian crises onboard. These cases demonstrated that there is still no\u00a0guarantee that merchant ships will receive prompt and adequate assistance when\u00a0fulfilling their humanitarian responsibilities, despite there being clear requirements\u00a0under international law. We believe that the absence of a reference to these\u00a0obligations in the Migration Pact is a missed opportunity to deliver important\u00a0reassurances to seafarers and the wider industry that pragmatic and swift\u00a0solutions will be found, and safe ports provided to conclude rescues safely, promptly and predictably.<\/p>\n

We recognise that the Commission issued\u00a0a recommendation concerning\u00a0operations carried out by vessels owned or operated by private entities for the\u00a0purpose of SAR activities<\/em>\u00a0proposing a coordination framework laying down\u00a0\u2018specific rules for solidarity between Member States and reinforced cooperation among in particular the flag and coastal Member States\u2019 for rescues conducted by humanitarian organisations and national SAR services. However, in concentrating\u00a0solely on NGO operations, it failed to recognise that merchant vessels and their\u00a0crews have played a significant role in providing search and rescue to those in distress in the central Mediterranean in recent years in accordance with moral\u00a0grounds and with the obligations placed upon them by international conventions.<\/p>\n

We therefore urgently call on the European Commission to complement its\u00a0Migration Pact with specific measures to ensure Member States fulfil their\u00a0corresponding legal obligations, provide that the rights of merchant ships are\u00a0respected and coordinate their work to bring the much needed promptness, clarity\u00a0and predictability the industry and its workforce need. As such, we consider it essential that reassurance be provided to the industry at the upcoming\u00a0presentation of the Pact and consequent discussions by Ministers at the Home\u00a0Affairs Council of 8 October.<\/p>\n

We are ready to meet with your services to discuss how best to ensure that these\u00a0important reassurances are provided to the shipping industry and seafarers at sea.<\/p>\n

Finally, we wish to commend the Commission for its\u00a0Guidance on the\u00a0implementation of EU rules on definition and prevention of the facilitation of\u00a0unauthorised entry, transit and residence<\/em>\u00a0which importantly refers to the need to\u00a0avoid risks of criminalising those who provide assistance to migrants in distress\u00a0and addresses the perceived lack of legal certainty of Directive 2002\/90\/EC and Council Framework Decision 2002\/946\/JHA.<\/p>\n

Yours faithfully,<\/p>\n

Martin Dorsman
\nSecretary General ECSA<\/p>\n

Guy Platten
\nSecretary General ICS<\/p>\n

Livia Spera
\nActing General Secretary ETF<\/p>\n

Stephen Cotton
\nGeneral Secretary ITF<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n