Feature 1| TUGS AND SALVAGE


Recognising the salvor’s contribution to pollution prevention


Arnold Witte, president, International Salvage Union (ISU), discusses the still relevant use of LOF in today’s salvage market.


used form of no cure – no pay salvage contract, even aſter a century of constant use. It remains the ideal contract for provision of assistance in emergency situations. Te arrangements for remunerating


T


the salvor under this contract, however, have no provision for the overrid- ing priority of pollution prevention. Even when the threatened coastal site and local community is focused upon pollution, the salvor’s reward is assessed almost exclusively on the ‘salved value’ of the property saved. The salvor’s primary obligation -


under Lloyd’s Form and the Salvage Convention, 1989 - is to save property. When engaged in the primary obligation of saving property, the salvor is inciden- tally obliged to protect the environ- ment. Nonetheless, the salvor has in the past done an excellent job of addressing and curing environmental issues, even though the compensation is based on property protection under the current LOF system. Our marine industry, while obligated


to maximise our efforts in all instances to prevent pollution, must therefore also approach solutions in a very directed and opportunistic manner. Te benefits of spill prevention through salvage provide a great opportunity. Te salvor is first on scene and experi-


enced to address marine accidents. Accordingly, while the salvage industry feels it important to retain salvage awards for property recovery, working together with our industry partners we must produce a system which has a primary obligation to prevent ecological damage to the satisfaction of govern-


16


his year is the centenary of the Lloyd’s Form salvage contract. LOF is still the most frequently


Tugs drench the blaze on the tanker Cape Horn, following an accident at Livorno in 2003. (Source: The International Salvage Union.)


mental authorities and the general public, while still serving our marine interests. ISU salvage teams recovered over 14


million tonnes of pollutants from around 3000 casualties in the 1994-2007 period. This figure includes over 11 million tonnes of cargo oil – more than 20 times the amount of oil lost in shipping accidents over that period. Clearly, the salvage industry has made a very signifi- cant contribution to the preservation of our environment. We believe we can do more.


Protecting the environment Not enough exposure has been given to the protective efforts. Recently the International Maritime Organization, via its secretary general, Efthimios Metropoulos, commented on attacks on the marine industry for lax emission systems and made the point that we are being held, ‘disproportionately respon-


sible for air pollution and its contribu- tion to climate change’. The same is true of the accusation


that our industry has been negligible in the protection of our waterways from the influence of pollution and ecologi- cal damage. No sector has done more to protect the environment than our marine industry. Owners and insurers, and our salvage


and wreck removal industry have spared neither expense nor effort in their respect for clean rivers and oceans. Today, well over 95% of the contami- nation of our marine environment is actually land based. Although we will continue to make


every effort to continuously improve and protect our marine environment, it is time that the public, the politicians, and the media, while always retaining the ability to be critical and seek improve- ment, recognise that our industry is and has been at the forefront of


Ship & Boat International May/June 2008


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