Document ID: chunk:federal_register_of_legislation:C2004A04945:section:424:p4
Version: federal_register_of_legislation:C2004A04945
Segment Type: section
Provision Reference: s 424 (pt 4/10)
Character Range: 135597–138356

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.

Chapter III—Rights of salvors

Article 12

Conditions for reward

1. Salvage operations which have had a useful result give right to a reward.

  2. Except as otherwise provided, no payment is due under this Convention if the salvage operations have had no useful result.

  3. This chapter shall apply, notwithstanding that the salved vessel and the vessel undertaking the salvage operations belong to the same owner.

Article 13

Criteria for fixing the reward

  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:

  (a) the salved value of the vessel and other property;

  (b) the skill and efforts of the salvors in preventing or minimizing damage to the environment;

  (c) the measure of success obtained by the salvor;

  (d) the nature and degree of the danger;

   (e) the skill and efforts of the salvors in salving the vessel, other property and life;

   (f) the time used and expenses and losses incurred by the salvors;

   (g) the risk of liability and other risks run by the salvors or their equipment;

   (h) the promptness of the services rendered;

   (i) the availability and use of vessels or other equipment intended for salvage operations;

   (j) the state of readiness and efficiency of the salvor's equipment and the value thereof.

  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

SCHEDULE 4—continued

  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.

  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.

Article 14

Special compensation

  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