International pressure in mounting on Pakistan, after the Pakistani authorities detained crew of Tasman Spirit…
Salvage union warns it may not assist in future
By Qadeer Hussain Tanoli
KARACHI: The International Salvage Union (ISU) warned in reaction to the detention of Tasman Spirit’s salvagers “ISU members may be reluctant to provide assistance, should another major pollution threat arise in Pakistani waters”.
Pakistani authorities put Tasman salvagers under detention after Karachi Port Trust (KPT) lodged an FIR against them, which some shipping experts believe is a tactic aimed at increasing pressure on P&I Club (protection and indemnity), the ill-fated ship’s insurer to squeeze out $1 billion claim for damages from oil spill. President ISU, Joop Timmermans in an e-mail message to the members strongly criticised the detention of Salvage Master, Nicholas Pappas who was involved in salvage operations carried out for plugging or shifting oil spill from Tasman Spirit. He said the attitude of Pakistani authorities in Tasman case has been unhelpful and in some instances, obstructive. The salvage team used their best endeavours to deal with a very difficult situation and minimise pollution damage and they successfully recovered 38,000 metric tonnes of oil. “In return the authorities concerned have placed restrictions on the movement of salvage vessels and equipment and now refuse to return the salvage master’s passport,” he added. Nicholas Pappas captain of Tsavliris Russ (World Salvage and Towage Limited) was approached by the owner of Tasman Spirit after she ran aground on July 27 with 67,500 metric tonnes of crude oil onboard. It is an internationally accepted norm that the owner of grounded vessel or the ship’s insurer sends for salvagers to rescue the imperilled vessel. The two parties sign a contract named Lloyds Salvage Form under which the insurer has to pay the expenses of salvage operation. ISU president said that Tasman Spirit situation reinforces an unwelcome trend towards criminalisation of spill events - a process making it increasingly difficult for salvagers to respond in certain jurisdictions. He said the salvagers are not responsible for casualty events giving rise to pollution, but when rendering salvage services to such casualties, they are bound by the Salvage Convention 1989 and by Lloyd’s Form, if that salvage contract is being utilised, to use their best endeavours to prevent or minimise damage to the environment due to pollution. In providing such valuable services they should enjoy full responder immunity, he added. Joop Timmermans asked for necessary steps to end detention of Nicholas Pappas and said the ISU member salvagers played central role in protecting the environment and minimising the consequences of shipping accidents. Salvage personnel and vessels should not be used as pawns by any local or national authority, he said. “Our members have the right to be treated with respect by the authorities in all jurisdictions. All such authorities should appreciate that the salvage industry is very often the first line of defence against pollution caused by shipping casualties. There are no other organisations in existence with the personnel, equipment, skills and capability to deal with such incidents,” he concluded. With the salvagers’ warning hanging over its head, the KPT is preparing to call an international tender under orders from Sindh High Court for the removal of wrecked MT Tasman, which it is feared may turn over any time and block the channel to the port. The court had some time back ordered the removal of Tasman Spirit and asked authorities concerned to sell its scrap to pay charges for removal operation. The remaining amount if any would be distributed among the parties who had filed claims for compensation for damages fromTasman oil spill. According to some shipping experts the value of MT Tasman’s scrap comes merely around Rs50 to Rs60 million, which in all likelihood may even fall short of meeting the operation’s cost not to speak of distributing it among affectees. They said the salvagers’ response to KPT tender under the present consequences is obvious. Scrapping of vessel at Gadani Yard is absolutely different from scrapping a grounded vessel in the open sea and no local company is capable of handling this big an assignment, they added.