Vessel salvors says EU criminalization rules may backfire

Vessel salvors says EU criminalization rules may backfire The International Salvage Union (ISU) said at a conference in London that the European Parliament's recent decision in favor of criminalizing marine accidents may deter salvors from offering assistance to vessels threatening pollution.
   'Salvors may well hold back form intervening in EU waters if there is an actual or possible escape of oil. Salvors may also refuse to assist casualties without guaranteed immunity from a coastal state and its neighboring states,' said Michael Lacey, special advisor to the ISU.
   'Most Brussels-watchers feel we have reached the end of the road on this,' said Chris Horrocks of the International Chamber of Shipping. 'Perhaps we can find some mechanism that, in the event of an accident involving pollution, would mitigate the potential impact on individuals,' meaning responding salvors.
   Salvors at the conference were told they deserved 'parallel reward systems: the traditional LOF/SCOPIC system for property salvage, and a new award for preventing environmental damage,' said Hans van Rooij, president of the ISU. LOF stands for Lloyd's Open Form Salvage Agreement, dating to 1995, which has a supplemental Special Compensation P & I Clubs Clause (SCOPIC).
   ISU legal advisor Archie Bishop said, 'revisions to conventions can take many years and it is for this reason that I favor the simple answer: a revision of Lloyd's Form and the creation of a new system to reward services which mitigate damage to the environment.'
   'ISU members are free to contract on whatever terms they desire,' Bishop noted, 'but we are against any tampering with LOF and SCOPIC.'
   Bishop said tampering with LOF would erode its advantage of being able to contract without time-consuming negotiation. As for SCOPIC, he noted that the parties which had established its special compensation system in 1999 had agreed that there should be no attempt to negotiate the pre-agreed SCOPIC rates.
   On the subject of safe havens for vessels that had become casualties, Jan Gardeitchik, general manager of the Port of Rotterdam's noxious and dangerous goods department, emphasized the importance of pre-inspection of the casualty prior to granting the vessel approval to enter a safe haven. At the end, though, the decision on refuge depends on attitude. 'If you don't want a ship, you can always find a reason,' Gardeitchik told salvors at the conference.
   'High-profile cases have demonstrated that localized pollution within a place of refuge may be more manageable than the more widespread pollution that might follow from a decision to keep a vessel at sea,' said Charles Hume, chairman of the salvage subcommittee of the International Group of P&I clubs.
   At the ISU conference, salvors also discussed a number of wreck removal issues. There was substantial discussion of the recent operation to remove the vehicle carrier 'Tricolor,' which turned over on its side in the English Channel. That project was planned for one season but was extended to two seasons, due to weather delays and other difficulties. 'It is important to think twice before starting a job like this on a lump-sum basis,' said van Rooij. He noted that the project was successful from an engineering standpoint, but the benefits if doing it were not very great for the salvors involved.