1、Section IIIMANUAL ONOIL POLLUTIONSALVAGE1997 EditionBINTERNATIONAL MARITIME ORGANIZATIONLondon, 1997First published in 1983by the INTERNATIONAL MARITIME ORGANIZATION4 Albert Embankment, London SE1 7SRSecond edition 1997Printed in the United Kingdom by the International Maritime Organization, London2
2、4681097531ISBN 92-801-1442-5IMO PUBLICATIONSales number: IMO-566ECover photo Mega Borg, June 1990 (IMO photo library)Copyright# IMO 1997All rights reserved.No part of this publication may, for sales purposes,be produced, stored in a retrieval system or transmittedin any form or by any means, electro
3、nic, electrostatic,magnetic tape, mechanical, photocopying or otherwise,without prior permission in writing from theInternational Maritime Organization.ForewordThis publication comprises section III of the Manual on Oil Pollutionprepared by the Marine Environment Protection Committee of IMO.The Manu
4、al on Oil Pollution consists of five sections:Section I Prevention (out of print; revision under consideration)Section II Contingency Planning (first published in 1978; revisededition published in 1995)Section III Salvage (first published in 1983; revised edition publishedin 1997)Section IV Combatin
5、g Oil Spills (first published in 1988; currentlyunder review)Section V Administrative Aspects of Oil Pollution Response (to bepublished in late 1997/early 1998)The Manual on Chemical Pollution consists of two sections:Section I Problem Assessment and Response Arrangements (firstpublished in 1987, cu
6、rrently under review)Section II Search and Recovery of Packaged Goods Lost at Sea (firstpublished in 1991)The Salvage section of the Manual on Oil Pollution has been extended tocover substances other than oil. The other above sections of the Manualwhich relate specifically to oil pollution will, lat
7、er, be extended to coversubstances other than oil.The Marine Environment Protection Committee thanks the manyexperts who assisted in the preparation of the text and whocontributed tables and diagrams, thereby making the publication ofthis section possible in its present form.It is advisable that the
8、 national contingency plan (see section II of theManual on Oil Pollution) contains information on where and howresourcesforthepurposeofquickandeffectivesalvagemaybeavailable.This section of the Manual is intended to provide guidance toAdministrations and officials involved with oil pollution casualt
9、ies sothat they may effectively mitigate the effects of such accidents,particularly in relation to the salvage of vessels and cargo.Whilemost oil pollution casualties are likely to involve tankers, it shouldbe noted that many dry cargo and passenger vessels have a bunkercapacity of several thousand
10、tons and may therefore pose a seriousthreat of oil pollution if involved in an accident.iiiAcknowledgementsThe illustrations from Reeds Commercial Salvage Practice in appendix 1have been reproduced with the kind permission of Thomas ReedPublications, 19 Bridge Road, East Molesey, Surrey KT8 9EU, Uni
11、tedKingdom.Tables 1-5 and figure 1 in appendix 2 and the table in appendix 3 havebeen reproduced with the kind permission of the International Chamberof Shipping and the Oil Companies International Marine Forum.Lloyds Standard Form of Salvage Agreement has been reproduced inappendix 4 with the kind
12、permission of Lloyds of London, One LimeStreet, London EC3 7HA, United Kingdom.iv.ContentsPage1Introduction1.1 General 11.2 Actionbytheshipownerintheeventofacasualty. 21.3 Advicetomasters 31.4 PositionoftheAdministration 42 Intervention2.1 Powers under the 1969 Convention andthe1973Protocol 53 Unite
13、d Nations Convention on the Law of the Sea3.1 Article 221, Measures to avoid pollution arisingfrommaritimecasualties 64 International Convention on Salvage, 19894.1 ApplicationoftheConvention. 64.2 Article 5(3) Salvage operations controlledbypublicauthorities 74.3 Article6Salvagecontracts 74.4 Artic
14、le 8 Duties of the salvor and of the ownerandmaster 74.5 Article9RightsofcoastalStates 74.6 Article14Specialcompensation 75 Advice to Administrations5.1 Planningpriortoacasualty. 85.2 Customsandimmigrationfacilitation 85.3 Communications 95.4 Establishment and maintenance of liaisonwithinterestedpar
15、ties 95.5 Inventoryofspecialistsalvageequipment 95.6 Provisionofharboursofrefuge105.7 Maintenanceofrecords115.8 Actionatthetimeofacasualty11v5.9 Actionsubsequenttoacasualty. 136Salvagecontracts6.1 General. 136.2 Nocurenopayandservicecontracts 146.3 LloydsStandardFormofSalvageAgreement. 14Appendix 1
16、Information on salvage methods, specialized salvageequipment and salvage techniques 17Appendix 2 Rate of drift for disabled tankers 36Appendix 3 Resistance to tow in still water conditions . 38Appendix 4 Lloyds Standard Form of Salvage Agreement(LOF 1995) . 39viManual on Oil Pollution III: SalvageCh
17、apter 1Introduction1.1 General1.1.1 Despite all efforts to reduce maritime accidents through improvedsafety measures and technological advances in navigational aids, therewill be occasions where oil or other harmful substances are spilled from avessel as a result of:.1 collision;.2 grounding;.3 stri
18、king a wreck or other obstacle;.4 fire and/or explosion;.5 failure or breakdown of machinery or equipment which resultsin the impairment of the safety of navigation;.6 structural failure;.7 storm damage and ice damage;.8 flooding; and.9 sabotage.Happy Traveller, March 1990 off Singapore11.1.2 In mos
19、t accidents the master, as representative of the vessel ownerand the cargo owner, will take immediate action to ensure the safety of hiscrew, the preservation of the ship, and to stop or limit cargo outflow. Themaster will also make arrangements, where necessary, for the salvage ofthe vessel.1.1.3 T
20、he salvors primary aim will, therefore, be the successful comple-tion of his assignment, whereas the concern of the Administration mayadditionally involve protection of local industry, fisheries, and mainte-nance of the ecology of the area. It is important, therefore, that full co-operation between
21、all the parties concerned (Administrations, ship andcargo owners, salvors, etc.) is arranged expeditiously and that, as far as ispossible, division of responsibility is worked out in principle and acceptedby all parties prior to or at the inception of any incidents. A guide toAdministrations, inform
22、ation on salvage methods, specialized salvageequipment, and salvage techniques is attached at appendix 1.1.1.4 The arrangements should also cover agreement on responsibility forprocurement of ancillary equipment which may be necessary and thenecessary financial resources.1.2 Action by the shipowner
23、in the event of a casualty1.2.1 In most cases the shipowner or operator will be fully aware of anypotentially hazardous situation in which his vessel is involved. If in themasters judgement or as a result of the advice to the master by theoperator, it is considered desirable, salvage assistance will
24、 be arranged oncommercial terms. Such salvage contracts are usually with a firm ofprofessional salvors who are experienced in the highly specializedrequirements for successful salvage.1.2.2 Prior to the 1980s, virtually all contracts were on a no cureno paybasis by which the salvor received no remun
25、eration if the ship was notbrought to a place of safety. Under these terms, the overriding incentive forthe salvor was to get the stricken vessel to a place of safety even though inextreme cases it might be necessary to jettison some of the cargo in orderto do so.1.2.3 The primary concern of a shipo
26、wner or operator in such circum-stances must be the safety of those on board the vessel. The master, as theowners representative, must be well aware of the need to seek outsideassistance wherever it is necessary. In the special case of oil tankers, thehelp and expert advice which generally can be pr
27、ovided by the cargo owneris also at the disposal of the vessels master and owner. Recognizing that,in the case of oil tanker casualties, Governments had the right and duty tointervene to prevent damage to their coastal environment, an agreementwas reached in 1980 between a number of influential orga
28、nizations underthe aegis of Lloyds of London under which, in the case of laden oil tankersonly, there would be a departure from the normal no cureno pay principleso that a salvor could recover his out-of-pocket costs even in cases wherethe vessel and its cargo were a total loss.2Manual on Oil Pollut
29、ion III: Salvage1.2.4 Thus, unless an Administration under its national law or under theprovisions of the International Convention relating to Intervention on theHigh Seas in Cases of Oil Pollution Casualties, 1969 (Intervention 1969),*as amended by the Protocol relating to Intervention on the High
30、Seas inCases of Pollution by Substances Other Than Oil, 1973 (1973 InterventionProtocol), if it is a Contracting Party thereto, has taken powers to intervenebecause of a grave and imminent threat of pollution of its shores, thesalvage operation will be dealt with between the owner/operator and thesa
31、lvor, with both parties complying with the requirements of Administra-tions as directed.1.2.5 The award to the salvors in the event of successful salvage is (indefault of agreement between the parties) decided by arbitration. The costof any oil pollution claims as a result of an accident involving a
32、 tanker areusually recoverable under the International Convention on Civil Liabilityfor Oil Pollution Damage, 1969 (1969 Civil Liability Convention),and theInternational Convention on the Establishment of an International Fundfor Compensation for Oil Pollution Damage, 1971 (1971 Fund Conven-tion).In
33、 the case of both laden and unladen tankers, the compensationschemes allow reimbursement for preventative measures which includesalvage operations that minimize or prevent pollution damage, even in theevent of an incident where no oil is spilled, provided there is grave andimminent danger of polluti
34、on damage (1992 Protocol to the 1971 FundConvention).For hazardous noxious liquid substances, compensation willbe covered under the International Convention on Liability and Compen-sation for Damage in Connection with the Carriage of Hazardous andNoxious Substances by Sea, 1996 (1996 HNS Convention)
35、, when it entersinto force.1.3 Advice to masters1.3.1 The various aspects of vessel salvage are covered by the jointInternational Chamber of Shipping (ICS)/Oil Companies InternationalMarine Forum (OCIMF) publication Peril at Sea and Salvage A Guide forMasters (4th edition). Appendix 2 to this Manual
36、 has been drawn frominformation contained in that publication.1.3.2 Timely reporting is required under the International Convention forthe Prevention of Pollution from Ships, 1973, as modified by the Protocol of1978 relating thereto (MARPOL 73/78),and the International Conventionon Oil Pollution Pre
37、paredness, Response and Co-Operation, 1990 (1990OPRC Convention),|and should be made to the coastal State(s) concerned* Refer to IMO sales publication number IMO-402E.Refer to IMO sales publication number IMO-410ERefer to IMO sales publication number IMO-520B.Refer to IMO sales publication number IM
38、O-456E.Refer to IMO sales publication number IMO-520E.|Refer to IMO sales publication number IMO-550E.3Chapter 1in accordance with IMO resolution A.648(16),* General principles for shipreporting systems and ship reporting requirements, including guidelinesfor reporting incidents involving dangerous
39、goods, harmful substancesand/or marine pollutants. Some States might delineate further in localregulations concerning under what circumstances reports of casualtiesneed to be made.1.3.3 Emergency response on board ships should be carried out inaccordance with regulation 26 of Annex I to MARPOL 73/78
40、 and IMOresolution MEPC.54(32),Guidelines for the development of shipboard oilpollution emergency plans. Such response should take into account thedirections given by the coastal State(s) authorities.1.3.4 Emergency response procedures on board ships are often differentthan for similar incidents on
41、land. Land-based responders might not befamiliar with shipboard response techniques thereby inadvertentlycausing damage to the vessel or causing injury to themselves, the localpopulation, or the environment. Additionally, as a result of the automationof shipboard systems, the trend has been towards
42、smaller crew sizes. Withsmaller crew sizes the land-based response support required during anemergency increases. Accordingly, the master and the shipowner shouldpartner with the local authorities of the ports the ship visits to:.1 identify the response needs of the ship;.2 identify the response cap
43、abilities of the ship and the port;.3 identify any shortfalls in response capability;.4 establish response agreements and develop contingency plansas appropriate; and.5 eliminate response capability shortfalls.1.4 Position of the Administration1.4.1 A major part of an Administrations contingency pla
44、nning must ofnecessity be related to mitigating damage from pollution in the event of acasualty. One of the most important contributions to this is ensuring,where possible, the prompt and efficient salvage of the ship and cargo. Thismay well involve such associated disciplines as emergency lighterin
45、garrangements and fire-fighting aboard the ship. Thus, the promptavailability of portable pumping equipment, particularly submersiblepumps with appropriate power packs, fenders of appropriate size, andlightering craft, as well as other equipment not normally carried by shipsor salvage tugs, will be
46、of considerable importance. An assessment of therisk to shorelines, fisheries, and local industry needs to be carried out bythe Administration as a matter of urgent priority. The immediate andfuture actions to be taken by the ships master, the operator (and in some* Refer to IMO sales publication nu
47、mber IMO-516E.Refer to IMO sales publication number IMO-586E.4Manual on Oil Pollution III: Salvagecases the cargo owner), and the salvor need to be taken into account inreviewing the overall situation, in order that an agreement can be reachedwith the Administration on the action to be taken.Chapter
48、 2Intervention2.1 Powers under the 1969 Intervention Convention andthe 1973 Intervention Protocol2.1.1 The Administration, if it is a Party thereto, should be aware of thepowers conferred upon it by the 1969 Intervention Convention asamended by the 1973 Intervention Protocol, to intervene in casualt
49、ysituations which pose a threat of pollution to its coastline or adjacentwaters. As a generality, it should be borne in mind by the authority orofficial exercising powers under the 1969 Intervention Convention*on behalf of an Administration that these only apply after a casualty (asdefined in the Convention) has occurred and when there exists a grave andimminent danger to their coastline or related interests from pollution orthreat of pollution of the sea. The term high seas for the purpose of theabove Convention and Protocol means those wate
