A ship may always find itself in peril
Speakers at a seminar on environmental salvage managed to convince their audience that even though from an engineering perspective huge mechanical, structural and technological advances have been made, a ship may always be subject to a particular situation in which it may need assistance.
The seminar was organised recently by the Salvage sub-committee of the Malta Maritime Law Association (MMLA) and the International Salvage Union (ISU), which this year chose Malta for its annual meeting.
The seminar was chaired by Ann Fenech, who presented the speakers - Arnold Witte, president of ISU, Captain Nicholas Sloane and Hendrick Land of the salvage company Svitzer, Mike Lacey, ISU general secretary, Mario Mifsud, senior manager policy and legislative development at the MMA and international salvage law expert Archie Bishop - ISU's legal adviser.
Regardless of its size, a ship may always find itself in peril through engine or steering malfunctions, error, problems with navigation or navigational aid, bad weather and one million other perilous circumstances. Ships are also subject to damage arising from fire, explosions, collisions, flooding, grounding or damage from hostile actions, including terrorist attacks.
Salvage operations are always time-critical as the vessel in distress may be subject to a host of extraneous and supervening circumstances which invariably make the salvage operations more laborious, risky and more complex - all of these additional to the pressures in safeguarding the surrounding environment from further contamination, harm and irreparable damage.
The speakers dealt with the volatility of emergency situations during a salvage operation, such as ongoing changes in priorities within a limited timeframe. They stressed on relations between the time factor and experience. Experience is crucial and is the key factor which places salvors in a central role during salvage operations. Speakers recounted their own personal experiences during salvage operations, the dangers they come across and the reasons why salvage should be a matter for professionals.
The final part of the Environmental Salvage Conference specifically addressed the impact of the EU Ship Source Pollution Directive in light of the ECJ judgment on the directive. The point was made that notwithstanding the fact that the intention behind the directive was very noble, the directive failed to distinguish between pollution resulting from an accident and pollution resulting from intentional discharges. This may have a very negative effect on salvors who in moments of very serious shipping and environmental casualties are desperately required to come in and give the professional assistance which only they can give and yet may hesitate to assist because of their exposure to potential liability.
If a salvor runs the risk of being criminally charged for accidental pollution if during the salvage operation pollution does result, that in itself will be a factor which may discourage a salvor from rendering immediate professional assistance. The part played by professional salvors can only be appreciated when one takes note of the fact that the total amount of oil which found its way into the ocean as a result of the Erika, Prestige, Exon Valdez and Sea Empress altogether amounted to 204,000 tons, and in 2006 alone a total of 566,793 tons of pollutant were recovered by professional salvors!
This may prove to be a serious issue for countries like Malta in the middle of one of the world's busiest shipping lanes, where we so desperately depend on professional salvors to come to our assistance in such situations. All the speakers agreed that what is urgently required is legislative encouragement to salvors to continue doing the good work that they are doing rather than disincentives such as those present in the directive of Ship Source Pollution.
The International Salvage Union is an association made up of professional salvors who provide essential services to the world's maritime and insurance communities. ISU members are engaged in marine casualty response, pollution defence, wreck removal, cargo recovery, towage and related activities. One of its main objectives is to foster a wider understanding of the salvage industry's contribution to environmental protection.
The ISU also plays an active role in encouraging inter-industry debate concerning the many legal and commercial issues influencing the efficient performance of salvage and pollution prevention services.
It advocates closer integration of marine emergency response on grounds that nowadays it is impossible to separate the salvage operations and pollution prevention functions, on grounds that environmental protection is now a decisive factor in the success of the overall salvage operation.
The Malta Maritime Law Association is a non-profit organisation which promotes the study and advancement of maritime law, mercantile law and other laws related to the maritime sphere. The MMLA is a member of the Comité Maritime International (CMI), the oldest maritime organisation dealing with the codification of international maritime law and principles.
www.mmla.org.mt
Mr Camilleri is the administrator of the Malta Maritime Law Association.
The seminar was organised recently by the Salvage sub-committee of the Malta Maritime Law Association (MMLA) and the International Salvage Union (ISU), which this year chose Malta for its annual meeting.
The seminar was chaired by Ann Fenech, who presented the speakers - Arnold Witte, president of ISU, Captain Nicholas Sloane and Hendrick Land of the salvage company Svitzer, Mike Lacey, ISU general secretary, Mario Mifsud, senior manager policy and legislative development at the MMA and international salvage law expert Archie Bishop - ISU's legal adviser.
Regardless of its size, a ship may always find itself in peril through engine or steering malfunctions, error, problems with navigation or navigational aid, bad weather and one million other perilous circumstances. Ships are also subject to damage arising from fire, explosions, collisions, flooding, grounding or damage from hostile actions, including terrorist attacks.
Salvage operations are always time-critical as the vessel in distress may be subject to a host of extraneous and supervening circumstances which invariably make the salvage operations more laborious, risky and more complex - all of these additional to the pressures in safeguarding the surrounding environment from further contamination, harm and irreparable damage.
The speakers dealt with the volatility of emergency situations during a salvage operation, such as ongoing changes in priorities within a limited timeframe. They stressed on relations between the time factor and experience. Experience is crucial and is the key factor which places salvors in a central role during salvage operations. Speakers recounted their own personal experiences during salvage operations, the dangers they come across and the reasons why salvage should be a matter for professionals.
The final part of the Environmental Salvage Conference specifically addressed the impact of the EU Ship Source Pollution Directive in light of the ECJ judgment on the directive. The point was made that notwithstanding the fact that the intention behind the directive was very noble, the directive failed to distinguish between pollution resulting from an accident and pollution resulting from intentional discharges. This may have a very negative effect on salvors who in moments of very serious shipping and environmental casualties are desperately required to come in and give the professional assistance which only they can give and yet may hesitate to assist because of their exposure to potential liability.
If a salvor runs the risk of being criminally charged for accidental pollution if during the salvage operation pollution does result, that in itself will be a factor which may discourage a salvor from rendering immediate professional assistance. The part played by professional salvors can only be appreciated when one takes note of the fact that the total amount of oil which found its way into the ocean as a result of the Erika, Prestige, Exon Valdez and Sea Empress altogether amounted to 204,000 tons, and in 2006 alone a total of 566,793 tons of pollutant were recovered by professional salvors!
This may prove to be a serious issue for countries like Malta in the middle of one of the world's busiest shipping lanes, where we so desperately depend on professional salvors to come to our assistance in such situations. All the speakers agreed that what is urgently required is legislative encouragement to salvors to continue doing the good work that they are doing rather than disincentives such as those present in the directive of Ship Source Pollution.
The International Salvage Union is an association made up of professional salvors who provide essential services to the world's maritime and insurance communities. ISU members are engaged in marine casualty response, pollution defence, wreck removal, cargo recovery, towage and related activities. One of its main objectives is to foster a wider understanding of the salvage industry's contribution to environmental protection.
The ISU also plays an active role in encouraging inter-industry debate concerning the many legal and commercial issues influencing the efficient performance of salvage and pollution prevention services.
It advocates closer integration of marine emergency response on grounds that nowadays it is impossible to separate the salvage operations and pollution prevention functions, on grounds that environmental protection is now a decisive factor in the success of the overall salvage operation.
The Malta Maritime Law Association is a non-profit organisation which promotes the study and advancement of maritime law, mercantile law and other laws related to the maritime sphere. The MMLA is a member of the Comité Maritime International (CMI), the oldest maritime organisation dealing with the codification of international maritime law and principles.
www.mmla.org.mt
Mr Camilleri is the administrator of the Malta Maritime Law Association.
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