MASTER EXAM ORAL QUESTIONS AND ANSWERS - LATEST QUESTIONS | Page 53

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RESOLUTION A.851(20) adopted on 27 November 1997
GENERAL PRINCIPLES FOR SHIP REPORTING SYSTEMS AND SHIP REPORTING REQUIREMENTS, INCLUDING GUIDELINES FOR REPORTING INCIDENTS INVOLVING DANGEROUS GOODS, HARMFUL SUBSTANCES AND/OR MARINE POLLUTANTS
gives all the details.

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In accordance with article V(1) of Protocol I of MARPOL 73/78 Reports should be transmitted to the nearest coastal State. When the ship is within or near an area for which a ship reporting system has been established, reports should be transmitted to the
designated shore station of that system.
GUIDELINES FOR DETAILED REPORTING REQUIREMENTS as per RESOLUTION A.851(20)

GENERAL PRINCIPLES FOR SHIP REPORTING SYSTEMS AND SHIP REPORTING REQUIREMENTS, INCLUDING GUIDELINES FOR REPORTING INCIDENTS INVOLVING DANGEROUS GOODS, HARMFUL SUBSTANCES AND/OR MARINE POLLUTANTS
3.1 Dangerous goods reports (DG)
3.1.1 Primary reports should contain items, A, B, C (or D), M, Q, R, S, T, U, X of the standard
reporting format; details for R should be as follows:  R
1 Correct technical name or names of goods.
2 UN number or numbers.
3 IMO hazard class or classes.
4 Names of manufacturers of goods when known, or consignee or consignor.
5 Types of packages including identification marks. Specify whether portable
tank or tank vehicle, or whether vehicle or freight container or other cargo
transport unit containing packages. Include official registration marks and numbers assigned to the unit.
6 An estimate of the quantity and likely condition of the goods.
7 Whether lost goods floated or sank.
8 Whether loss is continuing.
9 Cause of loss.

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Under Article 8.1 (b) of the 1989 Salvage Convention a Salvor is required, whilst carrying out salvage operations, to exercise due care to prevent or minimize damage to the environment.

Article 14 of the Convention provides for the Salvor to be paid Special Compensation under specific circumstances where he has rendered services to a vessel which by itself or its cargo threatened damaged to the environment, and the salved property fund is insufficient to provide the salvor with a normal salvage reward.
This special compensation, if applicable, is assessed on the basis of a fair rate for personnel and equipment utilised in the services, plus the reasonable out of pocket expenses incurred in the services, plus a bonus of up to 30% of
the total expenses, or if fair and just to do so, up to 100% of such expenses.

Subsequently the Article 14 Special Compensation provisions proved time consuming and expensive to assess, and the commercial parties to Lloyds
Form produced an alternative method of assessing Special Compensation, namely the Special Compensation P&I Club Clause, or SCOPIC.
SCOPIC is a tariff based system of assessing Special Compensation, with a fixed bonus of 25% of the salvors expenses under the SCOPIC Clause.

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Under the 1976 Convention limits are
specified for two types of claims:
1) claims for loss of life or personal injury; and
2) property claims (such as damage to other
ships, property or harbour works).

Claims excepted from limitation-
a) claims for salvage or contribution in
general average;
b) claims for oil pollution damage within the meaning of the International Convention on Civil Liability for Oil Pollution Damage, dated 29 November 1969, or of any amendment or Protocol thereto which is in force;
Note- Pollution caused by bunker spilled from ships other than tankers is covered by the Bunker Pollution Convention. Bunker Convention,does not contain a standalone limitation in itself but refers to an applicable national or international regime such as LLMC 1976
c) claims subject to any international convention or national legislation governing or prohibiting limitation of liability for nuclear damage;
d) claims against the shipowner of a nuclear ship for nuclear damage;
e) claims by servants of the shipowner or salvor whose duties are connected with the ship or the salvage operations, including claims of their heirs, dependants or other persons entitled to make such claims, if under the law governing the contract of
service between the shipowner or salvor and such servants the shipowner or salvor is not entitled to limit his liability in respect of such claims, or if he is by such law only permitted to limit his liability to an amount greater than that provided for in Article 6.