Salvage (seafaring)
In shipping , the term salvage refers to any action taken to provide assistance to a ship or other property that is in danger in navigable or other waters. This also includes dangers of environmental damage and human health in coastal and inland waters or adjacent areas caused by pollution, contamination, fire, explosion or similar serious events.
The term salvage is not used for platforms and drilling equipment if these platforms are used on site for the exploration, exploitation or extraction of resources from the seabed. In the case of state ships such as warships, which enjoy state immunity according to the generally recognized principles of international law , it does not apply unless the state decides otherwise.
Rescue or assistance
Under salvage one understands: the aid for transport by sea or inland waters at risk befindliches sea or inland waterway or other assets.
From 1963 to 2002 the following distinction was made:
- Salvage
- A ship in distress or the items on board were taken into possession by third parties and brought to safety after the ship's crew had lost control of it.
- Assistance
- Assistance was understood to mean when, in addition to the case described under “salvage”, a ship or the items on board were rescued from a distress at sea with the help of third parties - that is, when the power of disposal was not relinquished by the ship's crew.
For the terms rescue, help and rescue see also: rescue (technical assistance)
Duty to provide assistance
Every captain is obliged to provide assistance to every person in danger at sea, provided that he is able to do so without seriously endangering his ship and the people on board. The rescuer is obliged to carry out the rescue with the necessary care in order to prevent or limit environmental damage. He must also ask other rescue workers for assistance if the circumstances so require. The owner and the master of the ship in danger are obliged to cooperate with the rescuers in all respects during the rescue work.
Legal bases
According to international law, the coastal states can take measures to protect their coasts from pollution or impending pollution, e.g. B. in a marine casualty which could result in significant damage to the coast. You can give instructions to the salvage workers involved.
See u. a. International agreement for the uniform determination of rules on assistance and rescue in distress at sea
Mountain wages
The rescuer is entitled to a mountain reward for his service to the rescued person. This wage depends on the applicable law, e.g. Lloyd's Open Form , and is based on the value of the salvaged ship and its cargo . In recreational shipping , it is customary to provide rescue and towing assistance free of charge. The rescued person will of course also reimburse the rescuer for his costs. Nevertheless, it is necessary to make an express agreement on this.
Germany
In Germany, the provisions for salvage are regulated in §§ 574 ff. Of the Commercial Code ( HGB ) and in § 93 of the Inland Shipping Act (BinSchG), the mountain wages in particular in §§ 576, 577 HGB new version:
| § 577 HGB new version - amount of the mountain wages
(1) If the parties have not agreed its amount, the salvage wage shall be set in such a way that it creates an incentive for salvage measures. When determining |
Others
Rescues in the past that received a lot of public attention were a. that of the Ro-Ro ferry Herald of Free Enterprise (on the evening of March 6, 1987 the ship capsized when leaving the port of Zeebrugge) and the recovery of the Russian nuclear submarine Kursk (October 2001) and the cruise ship Costa Concordia ( 2013/2014).
Ships are specifically salvaged when they are 'in the way', i.e. when they have sunk in a port, a port entrance or a relatively narrow waterway. Often ships (own or enemy) were sunk in such places in wars in order to hinder the advance of an enemy. Own ships were z. B. also sunk to prevent them from falling into the hands of the enemy (see Sinking yourself ). After the Second World War, many such ships were salvaged (also because there was a shortage of ships and metal), such as the USS Oklahoma .
Individual evidence
- ↑ HGB § 574, Section 1: Obligations of the salvor
- ↑ a b Beckert, Breuer: Internationales Maritime Law - Difference between salvage and assistance in stranding
- ↑ In the version that has been in effect since the law reforming maritime trade law came into force on April 25, 2013 = new version (see also maritime trade law ).
- ↑ §§ 740 ff. HGB in the version valid until April 24, 2013 = old version
- ↑ § 743 HGB old version
- ↑ Note: The wording of § 743 HGB old version was identical with the exception of the paragraph reference in § 743 Paragraph 1 No. 2 HGB old version. Reference was made there to Section 741 (2) HGB old version.
