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Govt gives 48-hour ultimatum to MSC Shipmanagement to begin oil extraction from MSC ELSA 3
Govt gives 48-hour ultimatum to MSC Shipmanagement to begin oil extraction from MSC ELSA 3

Time of India

time12-06-2025

  • Business
  • Time of India

Govt gives 48-hour ultimatum to MSC Shipmanagement to begin oil extraction from MSC ELSA 3

MUMBAI: The government has given a 48-hour ultimatum to MSC Shipmanagement Ltd to start work on extraction of oil from the sunken ship MSC ELSA 3 off the coast of Kerala or face legal consequences for 'continued inaction and delay representing not only negligence but also a violation of statutory obligations' in the backdrop of imminent environmental and economic threat posed to the Indian coastline and its coastal communities. The oil extraction work was slated to start around June 5 but has not even begun, the Director General of Shipping, Shyam Jagannathan, wrote in a June 11 notice issued to MSC Shipmanagement, the Cyprus-based ship management unit of Mediterranean Shipping Company, S.A., the world's biggest container shipping line and the operator of MSC ELSA 3. Voicing increasing concern on the progress made in salvage and emergency response operations of the sunken container ship, the D G Shipping said that it was 'grossly inadequate and continues to fall short of the timelines and operational commitments previously provided by the salvors (T&T Salvage) and the owner of the ship'. Despite repeated instructions and coordination meetings, the response from the salvors has been 'consistently delayed and insufficient', the country's maritime regulator said. 'The lack of prompt action has resulted in a continued and serious risk to the marine environment and coastline of India, particularly affecting the coastal regions of Kerala. The region's local communities, which heavily rely on fishing for their livelihoods, have already suffered extensive loss of work and income due to the prolonged presence of the sunken vessel, floating debris, oil sheen, and ongoing pollution risk,' Jagannathan wrote in the notice. The ship was carrying 367.1 metric tonnes of very low sulphur fuel oil and 84.4 metric tonnes of diesel in its tanks when it capsized and sank on May 25. Recalling that salvors were clearly advised to mobilise necessary assets required for diving and oil recovery operations as early as the first day of the incident, the D G Shipping noted that the Diving Support Vessel (DSV) and necessary diving assets were not mobilised until after May 30. 'This initial delay set back the entire timeline for the operation. Even the tug assets hired by the owners arrived on scene only after June 1, with no prior deployment initiated by the salvors,' he told MSC Shipmanagement. While it was abundantly clear considering the depth of the water (51 meters) that saturation diving was required for the extraction of oil from the vessel, the salvors have, to date, been able to conduct only limited air diving operations, which are inadequate for the extraction of oil from the tanks of the sunken vessel. 'The timeline provided for these operations has been grossly violated. Capping of vents, which was scheduled for completion earlier this month, is still being conducted at present. The extraction of oil, originally scheduled to commence around June 5, 2025, has not even begun as of this date,' Jagannathan pointed out. The delay, Jagannathan wrote, is 'even more unacceptable' considering that the western coast of India, including Kerala, is entering its monsoon season - a period during which offshore salvage operations become highly unsafe or entirely unfeasible due to harsh weather conditions. 'The salvage operation was provided a short weather window to conduct these critical activities, and that window has now largely been lost as a direct consequence of the salvors' failure to timely deploy assets and personnel,' he said. The salvors had committed to arrange expert saturation divers and a team for the specialised equipment from 11 countries. The Directorate General of Shipping (DGS), to assist the salvors, had written directly to the Indian Embassies and High Commissions in these countries to expedite visa clearances. 'Yet, it has come to light that several visa applications were not even filed by the salvors, resulting in continued non-availability of the saturation divers even at this stage,' the D G Shipping stated. 'This consistent inaction and delay represent not only negligence but also a violation of statutory obligations. Should the extraction of oil not commence within the next 48 hours, the government of India shall be left with no alternative but examine all avenues against the shipowners and salvors under applicable Indian legislation for the continuing threat posed to Indian waters and the coastal environment,' the D G Shipping told MSC Shipmanagement. 'Your actions (or lack thereof) may attract prosecution and penalties under the Merchant Shipping Act, 1958; Environment (Protection) Act 1986; Bharatiya Nyaya Sanhita, 2023; Disaster Management Act, 2005, and any other applicable provisions under Indian maritime safety, environmental protection, and disaster management laws,' Jagannathan wrote in the notice. 'Any further delay beyond the specified period will be treated as wilful and deliberate noncompliance, and the government shall proceed to exercise its full legal rights and remedies without further reference,' he added.

MSC Elsa 3 sinking: Kerala government's move not to file case draws flak
MSC Elsa 3 sinking: Kerala government's move not to file case draws flak

New Indian Express

time10-06-2025

  • Politics
  • New Indian Express

MSC Elsa 3 sinking: Kerala government's move not to file case draws flak

KOCHI: Maritime experts have expressed shock at the Kerala government's decision not to register a criminal case following the sinking of the MSC Elsa 3 cargo ship off the Kochi coast last month. Details have emerged from the minutes of a May 29 high-level meeting chaired by Chief Minister Pinarayi Vijayan, and attended by Director General of Shipping Shyam Jagannathan and the state chief secretary, in which the state reportedly decided against immediately pursuing legal action against the shipping company involved. Maritime law expert and former chairman of the Maritime Board, V J Mathew, termed the move 'unprecedented', stating that registering a case would have paved the way for the state to initiate procedures to claim compensation. 'Have we ever heard of authorities/state refraining from filing a case against those involved in an accident due to their close ties? If the chief secretary's decision, as reported in the media, is indeed accurate, and someone challenges the note in the High Court and the Supreme Court, how will the chief secretary justify it?' Mathew said. He pointed to a 2016 gazette notification by the central government that authorised one coastal police station per state to exercise jurisdiction up to 200 nautical miles from the coastline. 'As per this notification, Fort Kochi Coastal Police have the authority to register a case. The incident can be booked under the Bharatiya Nyaya Sanhita (BNS), the Merchant Shipping Act, the Marpol Convention or the Environment (Protection) Act, given the environmental impact of the wreckage,' he said. He added that after filing the case, the state should assess damages, including environmental degradation, oil spillage, and the impact on fishermen. If compensation is not paid on demand, another MSC ship can be legally seized to enforce payment.

Centre plans to fix ship lifespan after Kerala wreck; MSC told to set up claims desk
Centre plans to fix ship lifespan after Kerala wreck; MSC told to set up claims desk

New Indian Express

time30-05-2025

  • General
  • New Indian Express

Centre plans to fix ship lifespan after Kerala wreck; MSC told to set up claims desk

KOCHI: The Union government is working on a proposal to fix the lifespan of vessels operating in Indian waters. Responding to queries regarding the shipwreck near Kerala coast, Director General of Shipping Shyam Jagannathan said age was not a factor and the ship complied with international norms. However, he said there is a need to enhance the inspection regime to ensure that vessels operating in Indian waters comply with the maritime norms. 'We have some concerns about some old vessels operating in Indian waters. We are working on a proposal to fix the lifespan of vessels. Also, we have to enhance the inspection regime. We will be further monitoring the operations of these vessels,' he said. According to experts, old cargo vessels can encounter operational issues due to outdated technology, wear and tear, and corrosion. While it is mandatory for vessels to undergo dry docking every five years to ensure seaworthiness, improper maintenance can pose challenges. If maintained properly, the lifespan of a cargo ship may extend to 30 years. However, corrosion, wear and tear of mechanical parts and absence of modern navigational equipment raise questions about their fitness. 'The safety and environmental requirements of ships are governed by the norms of International Maritime Organisation. There are no international norms that decide the cut-off date for the operations of a ship. It depends upon the commercial decision of the owner. If the vessel is fit to be certified as operational by competent agencies, it will be permitted to operate,' said Shyam Jagannathan. 'The seaworthiness of a vessel is not determined by its age but the certification. If the vessel is duly certified by the authorities concerned, it is considered good for operations. The vessels undergo periodical dry docking as per regulatory requirements. The vessel registration, classification and regulation cannot be India specific,' said Capt Philip Mathews, a master mariner with thirty years experience.

Technical failure in ballast management system led to failure of sunk ship: Shipping regulator
Technical failure in ballast management system led to failure of sunk ship: Shipping regulator

New Indian Express

time29-05-2025

  • General
  • New Indian Express

Technical failure in ballast management system led to failure of sunk ship: Shipping regulator

KOCHI: Dismissing the sabotage theory behind the capsize of container vessel MSC Elsa 3, the Director General (DG) of Shipping Shyam Jagannathan on Wednesday said the ship sank due to the failure of its ballast management system, which ensures the vessel's stability. The containers that fell off the ship when it sank off Kochi coast on Sunday and were floating in the Arabian Sea would be retrieved in 48 hours, Jagannathan said, adding that environmental damage was minimal. 'The oil spill is limited and the Coast Guard is cleaning it. The oil in the ship bunker will be removed by July 3,' he said. 'Our primary inference is that the vessel sank due to mechanical failure of the ballast management system. Safety and environmental requirements of the ships are governed by norms set by International Maritime Organisation (IMO) and this vessel complied with international norms. We have no evidence of other reasons. Failure of the ballast system may be due to lack of operational understanding. When the vessel listed to 26 degrees, there was a complete blackout due to failure of internal power generation. This virtually incapacitated all operations of the ship,' said chief surveyor of Union government Ajith Sukumaran. About the cargo, Jagannathan said there were 13 containers carrying hazardous cargo of which 12 had calcium carbide, while one had rubber chemical antioxidants.

Technical failure in ballast water management could have led to sinking of ship, say officials
Technical failure in ballast water management could have led to sinking of ship, say officials

The Hindu

time28-05-2025

  • General
  • The Hindu

Technical failure in ballast water management could have led to sinking of ship, say officials

Preliminary findings of the probe into the sinking of container vessel MSC ELSA 3 off the Kerala coast with 640 containers on board point to technical failure in ballast water management, which in turn caused the ship to tilt over 20 degrees and sink, officials of the Shipping Ministry and the Mercantile Marine department (MMD) said here on Wednesday. The officials included Director General of Shipping Shyam Jagannathan; Nautical Advisor to the Government of India Capt. Abul Kalam Azad, Chief Surveyor of the Directorate General of Shipping Ajith Sukumaran, and Principal Officer of the MMD's Kochi office J. Senthil Kumar. Mr. Jagannathan said none of the 50 containers that were washed ashore along the 120-km coastline of Alappuzha, Kollam and Thiruvananthapuram during the past few days had any hazardous cargo like calcium carbide. Most containers were empty, while the others had cotton bales and plastic pellets. The containers will be recovered in two days and disposed of. 'No sabotage' The prime focus now is on recovering oil and other pollutants from the vessel, followed by containers which are said to have cargo like ethylene polymers. The ship's owner firm MSC has roped in global firms with expertise in retrieving such cargo, while the Indian Coast Guard's specialised oil spill response team has been deployed to prevent damage to marine resources. There are internationally binding norms to settle insurance claims and compensate fishers from the Kerala coast for their loss of livelihood, he said and added that prima facie there was no reason to suspect sabotage. Terming the sinking incident as the largest along the Indian coast, Mr. Sukumaran said that preliminary inference pointed to mechanical failure in ballast water management, a safety precaution that is taken in all ships to overcome the effect of 'rolling and pitching' while on the sea, and the subsequent loss of power. This could have been caused by the malfunctioning of the ballast management valves. Old ships On several shipping firms deploying old vessels to Indian ports (the sunk ship was 28 years old), he said many stakeholders had expressed concern about the matter. Steps were under way to revise safety and other norms in this regard. The officials said that although the International Maritime Organisation (IMO) had not issued any age-related norms for ships, there were concerns about the operational efficiency of older vessels. Mr. Azad explained how a team of salvage specialists, naval architects, chemists, oil spill specialists, and divers was deployed to salvage the vessel and the containers, and to contain the effects of oil spillage and pollution. A total of four tugs have been mobilised as part of this. On the delay in officially declaring the contents of 13 containers having 'hazardous' cargo, he said the owner of the ship had said that they contained 'rubber chemicals' which were non-hazardous. While five of them were on the ship's deck, eight were secured within the vessel's 'cargo hold' area. According to the plan, oil spill in the vicinity of the sinking spot can be cleared by July 3. The ship was carrying 367 tonnes of very low sulfur fuel oil and 84 tonnes of marine diesel fuel.

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