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THE STATES PARTIES TO THE PRESENT CONVENTION,
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RECOGNIZING the desirability of determining by
agreement uniform international rules regarding salvage
operations,
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NOTING that substantial developments, in particular the
increased concern for the protection of the environment, have
demonstrated the need to review the international rules presently
contained in the Convention for the Unification of Certain Rules
of Law relating to Assistance and Salvage at Sea, done at
Brussels, 23 September 1910,
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CONSCIOUS of the major contribution which efficient and
timely salvage operations can make to the safety of vessels and
other property in danger and to the protection of the
environment,
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CONVINCED of the need to ensure that adequate incentives
are available to persons who undertake salvage operations in
respect of vessels and other property in danger,
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HAVE AGREED as follows:
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Article 1
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Definitions
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For the purpose of this Convention:
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(a) Salvage operation means any act or activity undertaken to
assist a vessel or any other property in danger in navigable
waters or in any other waters whatsoever.
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(b) Vessel means any ship or craft, or any structure capable of
navigation.
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(c) Property means any property not permanently and
intentionally attached to the shoreline and includes freight at
risk.
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(d) Damage to the environment means substantial physical
damage to human health or to marine life or resources in
coastal or inland waters or areas adjacent thereto, caused by
pollution, contamination, fire, explosion or similar major
incidents.
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(e) Payment means any reward, remuneration or
compensation due under this Convention.
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(f) Organization means the International Maritime
Organization.
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(g) Secretary-General means the Secretary-General of the
Organization.
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Article 2
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Application of the Convention
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This Convention shall apply whenever judicial or arbitral
proceedings relating to matters dealt with in this Convention are
brought in a State Party.
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Article 3
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Platforms and drilling units
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This Convention shall not apply to fixed or floating platforms
or to mobile offshore drilling units when such platforms or units
are on location engaged in the exploration, exploitation or
production of sea-bed mineral resources.
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Article 4
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State-owned vessels
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1 Without prejudice to article 5, this Convention shall not
apply to warships or other non-commercial vessels owned or
operated by a State and entitled, at the time of salvage operations,
to sovereign immunity under generally recognized principles of
international law unless that State decides otherwise.
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2 Where a State Party decides to apply the Convention to its
warships or other vessels described in paragraph 1, it shall notify
the Secretary-General thereof specifying the terms and
conditions of such application.
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Article 5
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Salvage operations controlled by public authorities
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1 This Convention shall not affect any provisions of national
law or any international convention relating to salvage
operations by or under the control of public authorities.
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2 Nevertheless, salvors carrying out such salvage operations
shall be entitled to avail themselves of the rights and remedies
provided for in this Convention in respect of salvage operations.
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3 The extent to which a public authority under a duty to
perform salvage operations may avail itself of the rights and
remedies provided for in this Convention shall be determined by
the law of the State where such authority is situated.
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Article 6
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Salvage contracts
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1 This Convention shall apply to any salvage operations save
to the extent that a contract otherwise provides expressly or by
implication.
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2 The master shall have the authority to conclude contracts for
salvage operations on behalf of the owner of the vessel. The
master or the owner of the vessel shall have the authority to
conclude such contracts on behalf of the owner of the property
on board the vessel.
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3 Nothing in this article shall affect the application of article
7 nor duties to prevent or minimize damage to the environment.
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Article 7
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Annulment and modification of contracts
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A contract or any terms thereof may be annulled or modified
if:
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(a) the contract has been entered into under undue influence
or the influence of danger and its terms are inequitable; or
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(b) the payment under the contract is in an excessive degree
too large or too small for the services actually rendered.
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Article 8
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Duties of the salvor and of the owner and master
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1 The salvor shall owe a duty to the owner of the vessel or other
property in danger:
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(a) to carry out the salvage operations with due care;
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(b) in performing the duty specified in subparagraph (a), to
exercise due care to prevent or minimize damage to the
environment;
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(c) whenever circumstances reasonably require, to seek
assistance from other salvors; and
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(d) to accept the intervention of other salvors when reasonably
requested to do so by the owner or master of the vessel or other
property in danger; provided however that the amount of his
reward shall not be prejudiced should it be found that such a
request was unreasonable.
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2 The owner and master of the vessel or the owner of other
property in danger shall owe a duty to the salvor:
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(a) to co-operate fully with him during the course of the
salvage operations;
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(b) in so doing, to exercise due care to prevent or minimize
damage to the environment; and
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(c) when the vessel or other property has been brought to a
place of safety, to accept redelivery when reasonably
requested by the salvor to do so.
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Article 9
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Rights of coastal States
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Nothing in this Convention shall affect the right of the coastal
State concerned to take measures in accordance with generally
recognized principles of international law to protect its coastline
or related interests from pollution or the threat of pollution
following upon a maritime casualty or acts relating to such a
casualty which may reasonably be expected to result in major
harmful consequences, including the right of a coastal State to
give directions in relation to salvage operations.
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Article 10
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Duty to render assistance
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1 Every master is bound, so far as he can do so without serious
danger to his vessel and persons thereon, to render assistance to
any person in danger of being lost at sea.
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2 The States Parties shall adopt the measures necessary to
enforce the duty set out in paragraph 1.
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3 The owner of the vessel shall incur no liability for a breach
of the duty of the master under paragraph 1.
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Article 11
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Co-operation
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A State Party shall, whenever regulating or deciding upon
matters relating to salvage operations such as admittance to ports
of vessels in distress or the provisions of facilities to salvors, take
into account the need for co-operation between salvors, other
interested parties and public authorities in order to ensure the
efficient and successful performance of salvage operations for
the purpose of saving life or property in danger as well as
preventing damage to the environment in general.
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Article 12
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Conditions for reward
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1 Salvage operations which have had a useful result give right
to a reward.
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2 Except as otherwise provided, no payment is due under this
Convention if the salvage operations have had no useful result.
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3 This chapter shall apply, notwithstanding that the salved
vessel and the vessel undertaking the salvage operations belong
to the same owner.
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Article 13
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Criteria for fixing the reward
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1 The reward shall be fixed with a view to encouraging
salvage operations, taking into account the following criteria
without regard to the order in which they are presented below:
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(a) the salved value of the vessel and other property;
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(b) the skill and efforts of the salvors in preventing or
minimizing damage to the environment;
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(c) the measure of success obtained by the salvor;
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(d) the nature and degree of the danger;
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(e) the skill and efforts of the salvors in salving the vessel,
other property and life;
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(f) the time used and expenses and losses incurred by the
salvors;
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(g) the risk of liability and other risks run by the salvors or their
equipment;
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(h) the promptness of the services rendered;
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(i) the availability and use of vessels or other equipment
intended for salvage operations;
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(j) the state of readiness and efficiency of the salvor's
equipment and the value thereof.
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2 Payment of a reward fixed according to paragraph 1 shall be
made by all of the vessel and other property interests in
proportion to their respective salved values. However, a State
Party may in its national law provide that the payment of a reward
has to be made by one of these interests, subject to a right of
recourse of this interest against the other interests for their
respective shares. Nothing in this article shall prevent any right
of defence.
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3 The rewards, exclusive of any interest and recoverable legal
costs that may be payable thereon, shall not exceed the salved
value of the vessel and other property.
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Article 14
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Special compensation
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1 If the salvor has carried out salvage operations in respect of
a vessel which by itself or its cargo threatened damage to the
environment and has failed to earn a reward under article 13 at
least equivalent to the special compensation assessable in
accordance with this article, he shall be entitled to special
compensation from the owner of that vessel equivalent to his
expenses as herein defined.
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2 If, in the circumstances set out in paragraph 1, the salvor by
his salvage operations has prevented or minimized damage to the
environment, the special compensation payable by the owner to
the salvor under paragraph 1 may be increased up to a maximum
of 30 % of the expenses incurred by the salvor. However, the
tribunal, if it deems it fair and just to do so and bearing in mind
the relevant criteria set out in article 13, paragraph 1, may
increase such special compensation further, but in no event shall
the total increase be more than 100 % of the expenses incurred by
the salvor.
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3 Salvor's expenses for the purpose of paragraphs 1 and 2
means the out-of-pocket expenses reasonably incurred by the
salvor in the salvage operation and a fair rate for equipment and
personnel actually and reasonably used in the salvage operation,
taking into consideration the criteria set out in article 13,
paragraph 1(h), (i) and (j).
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4 The total special compensation under this article shall be
paid only if and to the extent that such compensation is greater
than any reward recoverable by the salvor under article 13.
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5 If the salvor has been negligent and has thereby failed to
prevent or minimize damage to the environment, he may be
deprived of the whole or part of any special compensation due
under this article.
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6 Nothing in this article shall affect any right of recourse on the
part of the owner of the vessel.
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Article 15
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Apportionment between salvors
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1 The apportionment of a reward under article 13 between
salvors shall be made on the basis of the criteria contained in that
article.
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2 The apportionment between the owner, master and other
persons in the service of each sailing vessel shall be determined
by the law of the flag of that vessel. If the salvage has not been
carried out from a vessel, the apportionment shall be determined
by the law governing the contract between the salvor and his
servants.
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Article 16
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Salvage of persons
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1 No remuneration is due from persons whose lives are saved,
but nothing in this article shall affect the provisions of national
law on this subject.
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2 A salvor of human life, who has taken part in the services
rendered on the occasion of the accident giving rise to salvage,
is entitled to a fair share of the payment awarded to the salvor for
salving the vessel or other property or preventing or minimizing
damage to the environment.
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Article 17
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Services rendered under existing contracts
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No payment is due under the provisions of this Convention
unless the services rendered exceed what can be reasonably
considered as due performance of a contract entered into before
the danger arose.
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Article 18
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The effect of salvor's misconduct
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A salvor may be deprived of the whole or part of the payment
due under this Convention to the extent that salvage operations
have become necessary or more difficult because of fault or
neglect on his part or if the salvor has been guilty of fraud or other
dishonest conduct.
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Article 19
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Prohibition of salvage operations
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Services rendered notwithstanding the express and reasonable
prohibition of the owner or master of the vessel or the owner of
any other property in danger which is not and has not been on
board the vessel shall not give rise to payment under this
Convention.
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Article 20
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Maritime lien
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1 Nothing in this Convention shall affect the salvor's maritime
lien under any international convention or national law.
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2 The salvor may not enforce his maritime lien when
satisfactory security for his claim, including interest and costs,
has been duly tendered or provided.
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Article 21
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Duty to provide security
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1 Upon the request of the salvor a person liable for payment
due under this Convention shall provide satisfactory security for
the claim, including interest and costs of the salvor.
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2 Without prejudice to paragraph 1, the owner of the salved
vessel shall use his best endeavours to ensure that the owners of
the cargo provide satisfactory security for the claims against them
including interest and costs before the cargo is released.
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3 The salved vessel and other property shall not, without the
consent of the salvor, be removed from the port or place at which
they first arrive after the completion of the salvage operations
until satisfactory security has been put up for the salvor's claim
against the relevant vessel or property.
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Article 22
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Interim payment
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1 The tribunal having jurisdiction over the claim of the salvor
may, by interim decision, order that the salvor shall be paid on
account such amount as seems fair and just, and on such terms
including terms as to security where appropriate, as may be fair
and just according to the circumstances of the case.
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2 In the event of an interim payment under this article the
security provided under article 21 shall be reduced accordingly.
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Article 23
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Limitation of actions
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1 Any action relating to payment under this Convention shall
be time-barred if judicial or arbitral proceedings have not been
instituted within a period of two years. The limitation period
commences on the day on which the salvage operations are
terminated.
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2 The person against whom a claim is made may at any time
during the running of the limitation period extend that period by
a declaration to the claimant. This period may in the like manner
be further extended.
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3 An action for indemnity by a person liable may be instituted
even after the expiration of the limitation period provided for in
the preceding paragraphs, if brought within the time allowed by
the law of the State where proceedings are instituted.
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Article 24
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Interest
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The right of the salvor to interest on any payment due under
this Convention shall be determined according to the law of the
State in which the tribunal seized of the case is situated.
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Article 25
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State-owned cargoes
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Unless the State owner consents, no provision of this
Convention shall be used as a basis for the seizure, arrest or
detention by any legal process of, nor for any proceedings in rem
against, non-commercial cargoes owned by a State and entitled,
at the time of the salvage operations, to sovereign immunity
under generally recognized principles of international law.
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Article 26
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Humanitarian cargoes
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No provision of this Convention shall be used as a basis for the
seizure, arrest or detention of humanitarian cargoes donated by
a State, if such State has agreed to pay for salvage services
rendered in respect of such humanitarian cargoes.
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Article 27
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Publication of arbitral awards
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States Parties shall encourage, as far as possible and with the
consent of the parties, the publication of arbitral awards made in
salvage cases.
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Article 28
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Signature, ratification, acceptance, approval and accession
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1 This Convention shall be open for signature at the
Headquarters of the Organization from 1 July 1989 to 30 June
1990 and shall thereafter remain open for accession.
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2 States may express their consent to be bound by this
Convention by:
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(a) signature without reservation as to ratification, acceptance
or approval; or
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(b) signature subject to ratification, acceptance or approval,
followed by ratification, acceptance or approval; or
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3 Ratification, acceptance, approval or accession shall be
effected by the deposit of an instrument to that effect with the
Secretary-General.
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Article 29
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Entry into force
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1 This Convention shall enter into force one year after the date
on which 15 States have expressed their consent to be bound by
it.
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2 For a State which expresses its consent to be bound by this
Convention after the conditions for entry into force thereof have
been met, such consent shall take effect one year after the date of
expression of such consent.
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Article 30
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Reservations
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1 Any State may, at the time of signature, ratification,
acceptance, approval or accession, reserve the right not to apply
the provisions of this Convention:
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(a) when the salvage operation takes place in inland waters and
all vessels involved are of inland navigation;
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(b) when the salvage operations take place in inland waters
and no vessel is involved;
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(c) when all interested parties are nationals of that State;
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(d) when the property involved is maritime cultural property
of prehistoric, archaeological or historic interest and is
situated on the sea-bed.
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2 Reservations made at the time of signature are subject to
confirmation upon ratification, acceptance or approval.
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3 Any State which has made a reservation to this Convention
may withdraw it at any time by means of a notification addressed
to the Secretary-General. Such withdrawal shall take effect on the
date the notification is received. If the notification states that the
withdrawal of a reservation is to take effect on a date specified
therein, and such date is later than the date the notification is
received by the Secretary-General, the withdrawal shall take
effect on such later date.
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Article 31
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Denunciation
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1 This Convention may be denounced by any State Party at
any time after the expiry of one year from the date on which this
Convention enters into force for that State.
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2 Denunciation shall be effected by the deposit of an
instrument of denunciation with the Secretary-General.
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3 A denunciation shall take effect one year, or such longer
period as may be specified in the instrument of denunciation,
after the receipt of the instrument of denunciation by the
Secretary-General.
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Article 32
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Revision and amendment
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1 A conference for the purpose of revising or amending this
Convention may be convened by the Organization.
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2 The Secretary-General shall convene a conference of the
States Parties to this Convention for revising or amending the
Convention, at the request of eight States Parties, or one fourth
of the States Parties, whichever is the higher figure.
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3 Any consent to be bound by this Convention expressed after
the date of entry into force of an amendment to this Convention
shall be deemed to apply to the Convention as amended.
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Article 33
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Depositary
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1 This Convention shall be deposited with the
Secretary-General.
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2 The Secretary-General shall:
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(a) inform all States which have signed this Convention or
acceded thereto, and all Members of the Organization, of:
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(i) each new signature or deposit of an instrument of
ratification, acceptance, approval or accession together
with the date thereof;
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(ii) the date of the entry into force of this Convention;
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(iii) the deposit of any instrument of denunciation of this
Convention together with the date on which it is received
and the date on which the denunciation takes effect;
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(iv) any amendment adopted in conformity with article 32;
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(v) the receipt of any reservation, declaration or notification
made under this Convention;
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(b) transmit certified true copies of this Convention to all
States which have signed this Convention or acceded thereto.
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3 As soon as this Convention enters into force, a certified true
copy thereof shall be transmitted by the Depositary to the
Secretary-General of the United Nations for registration and
publication in accordance with Article 102 of the Charter of the
United Nations.
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Article 34
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Languages
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This Convention is established in a single original in the
Arabic, Chinese, English, French, Russian and Spanish
languages, each text being equally authentic.
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IN WITNESS WHEREOF the undersigned being duly
authorized by their respective Governments for that purpose
have signed this Convention.
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DONE AT LONDON this twenty-eighth day of April one
thousand nine hundred and eighty-nine.
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Common Understanding concerning Articles 13 and 14 of
the International Convention on Salvage, 1989
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It is the common understanding of the Conference that, in
fixing a reward under article 13 and assessing special
compensation under article 14 of the International Convention
on Salvage, 1989 the tribunal is under no duty to fix a reward
under article 13 up to the maximum salved value of the vessel and
other property before assessing the special compensation to be
paid under article 14.
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Resolution requesting the amendment of the York-Antwerp
Rules, 1974
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THE INTERNATIONAL CONFERENCE ON SALVAGE,
1989,
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HAVING ADOPTED the International Convention on
Salvage, 1989,
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CONSIDERING that payments made pursuant to article 14
are not intended to be allowed in general average,
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REQUESTS the Secretary-General of the International
Maritime Organization to take the appropriate steps in order to
ensure speedy amendment of the York-Antwerp Rules, 1974, to
ensure that special compensation paid under article 14 is not
subject to general average.
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Resolution on international co-operation for the
implementation of the International Convention on Salvage,
1989
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THE INTERNATIONAL CONFERENCE ON SALVAGE,
1989,
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IN ADOPTING the International Convention on Salvage,
1989 (hereinafter referred to as ``The Convention''),
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CONSIDERING IT DESIRABLE that as many States as
possible should become Parties to the Convention,
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RECOGNIZING that the entry into force of the Convention
will represent an important additional factor for the protection of
the marine environment,
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CONSIDERING that the international publicizing and wide
implementation of the Convention is of the utmost importance
for the attainment of its objectives,
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I RECOMMENDS:
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(a) that the Organization promote public awareness of the
Convention through the holding of seminars, courses or
symposia;
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(b) that training institutions created under the auspices of the
Organization include the study of the Convention in their
corresponding courses of study.
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II REQUESTS:
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(a) Members States to transmit to the Organization the text of
the laws, orders, decrees, regulations and other instruments
that they promulgate concerning the various matters falling
within the scope of application of the Convention;
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(b) Member States, in consultation with the Organization, to
promote the giving of help to those States requesting technical
assistance for the drafting of laws, orders, decrees, regulations
and other instruments necessary for the implementation of the
Convention; and
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(c) the Organization to notify Member States of any
communication it may receive under paragraph II(a).
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The Government of Canada reserves the right not to apply the
provisions of the International Convention on Salvage, 1989
when the property involved is maritime cultural property of
prehistoric, archaeological or historic interest and is situated on
the seabed.
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