Safety and Insurance Aspects of Conducting Search and Rescue Operations at (the Mediterranean) Sea from a Public Health Perspective

Abstract

The aim of analysing legal regulations in the context of this scientific research topic is to highlight the provisions currently in force that impose the obligation on the shipmaster to comply with the obligations arising from international and European maritime search and rescue legislation - UNCLOS , SAR , and SOLAS conventions and Regulation (EU) No 656/2014 - (regardless of the nationality of the persons in distress at sea) and to point out concerns that third-country nationals as rescued persons at sea, could pose a risk to public health. An analysis of the international and European de lege lata provisions and the new European provisions contained in Regulation (EU) 2024/1356 (applicable from 12 June 2026), which establishes uniform rules for the screening (preliminary health examination) of third-country nationals who have crossed the external border of EU Member States illegally without fulfilling the conditions of entry (irregular migrants) or who have disembarked following a search and rescue operation. Mandatory pre-entry screening would show whether they pose a potential risk to public health in order to determine whether medical care or isolation is required for public health reasons. The research results point to the conclusion that these individuals do not pose a serious risk to public health. However, the conduct of rescue operations at sea by commercial vessels may pose safety and health risks that could jeopardise the seaworthiness of the vessel. The results of the scientific-research analysis of this topic indicate that rescued persons on commercial ships can pose a health risk to the ship's crew, as well as to the proper conduct of shipping, which is why shipowners' liability insurance via P&I clubs is one of the most important types of insurance for shipowners. This paper places special emphasis on the specifics of risks. insurance via P&I clubs is one of the most important types of insurance for shipowners. This paper places special emphasis on the specifics of risks under P&I insurance (with reference to health hazards – infectious diseases) and on covering the financial costs of the rescue operation (compensation for costs - loss of fuel, diversion, delay, quarantine, etc.) as well as costs that cannot be covered under the rules of P&I clubs.