Our concern, however, is that new measures giving Coastal States such powers might be used to justify the refusal of legitimate requests for shelter for ship casualties and a failure to approve the subsequent removal of cargo and bunkers which could cause pollution.

'It is noteworthy that Spain is a co-sponsor of this proposal.

This attempt to gain more control over shipping in international waters misses the point. Spain and Mexico are arguing the case for new powers to restrict or ban STS operations in Special or Particularly Sensitive Sea Areas.

Yet these are the very areas most at risk. The freedom of the salvor to perform an STS on a laden tanker at a sheltered location is essential for the protection of such vulnerable areas.

'If Coastal States with a reputation for knee-jerk rejection of ship casualties are handed such powers, I have no doubt that they will use them to deny refuge for casualties. The ISU urges the IMO to keep the Prestige disaster firmly in mind. The acceptance of the proposal from Spain and Mexico could undermine the IMO's recently adopted International Guidelines on Places of Refuge.'

The ISU's concerns include the possible use of the proposed measures to restrict the salvor's ability to remove bunkers from ship casualties. The majority of salvage operations now commence with the removal of the pollution threat by transferring bunkers.

Hans van Rooij added, 'Applying the proposals to bunker transfers would create very serious problems for salvors. It is possible that the imposition of restrictions or inappropriate conditions could reduce the salvor's chance of successfully avoiding pollution.

The main point, of course, is that salvors must retain their freedom of action if they are to prevent major spills and catastrophic environmental damage.'

MJ Information No: 21035