Amendments to legislation regarding search and rescue operations at sea require further improvements

05/ 07/ 2023

According to experts from the EBA Logistics Committee, legislative regulation of search and rescue operations at sea requires improvement. This concerns, in particular, the draft law On Amendments to Certain Legislative Acts of Ukraine Regarding the Regulation of Activities in the Field of Life Protection and Search and Rescue at Sea No. 9283, dated May 10, 2023. According to businesses, the provisions of this document do not comply with Ukraines international agreements and have certain inconsistencies with Ukrainian legislation, and therefore need to be revised. First and foremost, businesses are concerned about the proposal to establish the existence and operation of the Maritime Search and Rescue Service (MSRS) as a separate state unitary enterprise and allocate a portion of port fees to its financing. Companies do not consider it practical to legislatively designate the MSRS as a separate entity, especially without a prior assessment of the states resources for search and rescue operations. Daria Sichkar. The EBA Logistics Committee Manager. Approximately 200 million UAH per year is currently spent on financing the MSRS, partially funded through port fees. Draft law №9283 proposes to maintain this practice, which is inappropriate, according to the EBA member companies. Legislation and international agreements define that services, including those paid for as part of port fees, should be provided specifically within the maritime port. Ukraines search and rescue area extends beyond maritime ports and aligns with its exclusive economic zone. Furthermore, sea search and rescue services should operate in areas without maritime ports or with small vessels that do not pay port fees. Consequently, there is a lack of logic regarding financing the MSRS through port fees. Business is convinced that search and rescue activities cannot be financed through port fees, as using port fees for purposes other than maintaining port infrastructure leads to its gradual decline and a deterioration in the competitiveness of domestic ports. Moreover, the business has several other comments and suggestions regarding the document. For example, the proposed law suggests coordinating maritime search and rescue operations exclusively to state enterprises and monopolizing the communication sphere. According to the business community, these initiatives are not aligned with the International Convention on Maritime Search and Rescue and may hinder rescue operations. At the same time, the alternative law №9283-1, introduced on May 23, 2023, addresses several of the mentioned risks and has the conceptual support of the EBA. However, the alternative law also includes a generalized formulation regarding the sources of financing for maritime search and rescue activities. According to the experts of the EBA, such a formulation may allow for the continued use of funds from port fees for these purposes. Considering this, the EBAs experts urge to consider the alternative law №9283-1 as the basis, considering the business position and conceptually supporting the proposed amendments outlined in this document.

According to businesses, the provisions of this document do not comply with Ukraine’s international agreements and have certain inconsistencies with Ukrainian legislation, and therefore need to be revised.

First and foremost, businesses are concerned about the proposal to establish the existence and operation of the Maritime Search and Rescue Service (MSRS) as a separate state unitary enterprise and allocate a portion of port fees to its financing. Companies do not consider it practical to legislatively designate the MSRS as a separate entity, especially without a prior assessment of the state’s resources for search and rescue operations.

Daria Sichkar The EBA Logistics Committee Manager

Approximately 200 million UAH per year is currently spent on financing the MSRS, partially funded through port fees. Draft law №9283 proposes to maintain this practice, which is inappropriate, according to the EBA member companies. Legislation and international agreements define that services, including those paid for as part of port fees, should be provided specifically within the maritime port.

Ukraine’s search and rescue area extends beyond maritime ports and aligns with its exclusive economic zone. Furthermore, sea search and rescue services should operate in areas without maritime ports or with small vessels that do not pay port fees. Consequently, there is a lack of logic regarding financing the MSRS through port fees.

Business is convinced that search and rescue activities cannot be financed through port fees, as using port fees for purposes other than maintaining port infrastructure leads to its gradual decline and a deterioration in the competitiveness of domestic ports.

Moreover, the business has several other comments and suggestions regarding the document. For example, the proposed law suggests coordinating maritime search and rescue operations exclusively to state enterprises and monopolizing the communication sphere. According to the business community, these initiatives are not aligned with the International Convention on Maritime Search and Rescue and may hinder rescue operations.

At the same time, the alternative law №9283-1, introduced on May 23, 2023, addresses several of the mentioned risks and has the conceptual support of the EBA. However, the alternative law also includes a generalized formulation regarding the sources of financing for maritime search and rescue activities. According to the experts of the EBA, such a formulation may allow for the continued use of funds from port fees for these purposes.

Considering this, the EBA’s experts urge to consider the alternative law №9283-1 as the basis, considering the business position and conceptually supporting the proposed amendments outlined in this document.