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SOSREP - Working in Partnership with the Tug
Industry
Hugh ShawThe UK Secretary of State‟s Representative
Maritime Salvage & Intervention
BTA Annual Conference, Bristol7 April, 2011
Key Milestones
TORRY CANYON – 1967Intervention Convention [1969]
AMOCO CADIZ - 1978
BRAER – Shetland 1993
„Temporary ETV Provision‟
SEA EMPRESS – 1996Introduction of the SOSREP (1999)
Lord Donaldson‟s Review
1.The „Trigger‟ point is when there is “a threat of significant pollution” to the UK‟s pollution control zone, territorial waters or coastline;
2.Response to the threat of pollution from or involving an offshore installation to be compatible with same from shipping casualty
Lord Donaldson‟s Review
3. MCA as a whole should play a much larger part in operations in response to a threat of significant pollution than has been the case in the past ;
4. Involvement of Ministers in Operational decisions is not a practicable option……
Lord Donaldson‟s Review
There should be „ultimate‟ control of salvage by a
Secretary of State‟s Representative acting in the
overriding public interest
- SOSREP -
The SOSREP Function
►One person to act as representative of
Secretary of State (s)
►Free to act without recourse to higher authority
►Ultimate & Decisive voice
►Can exercise Ultimate control
►Cannot choose to ignore a situation
►Tacitly approves all actions
►Whilst operations are in progress “Must be “Backed or sacked”
Four Main Theatres of Activity
Search and rescue
„Salvage‟ - control and containment
of the cause of threat
Clean up at sea
Clean up of the shoreline
ETV Contract Awarded to Klyne Tugs – 2001
Coastguard Agreement for Salvage & Towage (CAST-2002)
European ETV Deployment
New Legislation
►The Offshore Installations [EPC] Regulations 2002
►Marine Safety Act 2003
- risk to safety
- persons in control of land + facilities
►EU Directives „SOSREP‟ Competent Authority for Places of Refuge‟
Role of the SOSREP
To represent the Secretaries of State for Transport
and Department for Energy and Climate Changeby removing or reducing the risk to persons,property and the UK environment arising fromaccidents involving ships, fixed or floatingplatforms or sub-sea infrastructure within UKwaters, within the remainder of the UK PollutionControl Zone (UK PCZ) and on the UK ContinentalShelf.- Introduction to Maritime Counter Terrorism
Dealing with an Incident –High Profile / Salvage
Breakdowns & Intervention
Existing Arrangements
►MCA DCPSO task ETV to proceed casualty
►Following risk assessment ETV Contractor permitted to seek commercial contract in competition with other tug operators/brokers
►SOSREP ability to direct Master to accept line. [IC, FC – Direction]
►SOSREP ability to request ETV to put line on board – seek payment via arbitration –Salvage Convention 1989
Current ETV Capability
►24 hour availability
►Well practiced communications and exercises with UK Coastguard & French Prefecture Maritime
►Specialist expertise of the vessel‟s officers and crews.
►The importance of experienced and rehearsed team-work and co-ordinated action that is both safe yet able to take advantage of the precise moment when a connection can be made.
►In the last twelve months alone the ETVs have played a major role not just in salvage but also in fire-fighting, flooding control, casualty evacuation, search and rescue, pollution counter-measures, recovery of floating debris, anchor-handling, vessel escort and hydrographic surveying.
Government Decision not to renew ETV Contract – Sep 2011
►MCA no longer have ability to mobilise tug as a precautionary measure without „potential‟ for delays between Master, Brokers, Insurers, SOSREP and/or other parties
► SOSREP retains ability to direct Master to accept a line from a suitable tug
► SOSREP has ability to take such action as it appears to him necessary or expedient for the purpose for which the direction could have been given or was given.
► SOSREP no ability to direct a commercial tug to place a line on board a casualty…………….
Lord Donaldson Intervention Omissions
1. Referred to persons owning or managing berths, wharfs or jetties to which the ship might be taken.
2. The local authority whose area might be affected by pollution from the ship.
3. Referred to those who may be able to render salvage services, the potential salvors of the vessel. Govt accepted that, at least when a potential salvor is not a United Kingdom subject, it is not possible to legislate to empower the Secretary of State to require him to render salvage services. Accordingly, we recommend no change in this respect.
Way Forward►Transport Select Committee – 24 April 2010►Need for MCA to revisit existing procedures and
protocols.►CAST been used in a handful of incidents since
2002 – will we see an increase in its use?► Is there a need for the MCA to develop a new or
use another contract with tug owners/operators?►What standards/training are in place for
emergency towing?►Will commercial tug owners/salvors act under
direction of the SOSREP and seek award through arbitration under International Convention on Salvage, 1989?
►Vessels of Opportunity – Fit for Purpose - Bribery Act 2010.
Thank You for listening………….
Any Questions?
