April 8, 2014 Letter from the Directorate General of Land and Maritime Transport to the Case Authority
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Republic of Lebanon
Ministry of Public Works and Transport
Directorate General of Land & Maritime Transport
6/2832
April 8, 2014
To: Ministry of Justice – Case Authority
Re: Request to speed up the adjudication of the case of the ship “Rhosus” docked in Beirut Port and selling it at auction
Reference: the casefile of the ship “Rhosus”
As per the abovementioned subject and reference, we respectfully inform you about the following:
- The ship RHOSUS arrived in Beirut Port on November 21, 2013, loaded with Ammonium Nitrate, classified as hazardous substance, to ship merchandise from the port. Following a dispute between BUNKERNET LTD and the ship owners, the Beirut Enforcement Department issued decision no. 1031/2013, dated December 20, 2013, as per which the ship was impounded provisionally and forbidden from leaving the Lebanese territorial waters, unless it pays a bail covering the outstanding debt to the party requesting its impoundment (a copy of the decision is hereto attached).
- On December 25, 2013, the National and Foreign Ship Control Service at the Directorate General of Land and Maritime Transport inspected the ship to make sure it is safe for navigation and ensure that it is complying with local and international regulations related to the safety of the maritime navigation and the safety of life at sea, and the environmental and public safety. The inspection revealed the presence of some flaws in the ship that jeopardize the maritime navigation safety and it was banned from leaving [the territorial waters] until the flaws are repaired. The captain and the maritime agent were notified about this. The most notable flaws were the presence of corrosion and rust in the ship’s hull and hold hatches and some navigation equipment was not working properly.
- In his letter no 357/b dated March 17, 2014, the head of Beirut Port [Beirut harbor master] noted that the ship is berthed at Quay 11 at Beirut Port, and it was carrying ammonium nitrate, a hazardous material, and that he requested from the maritime agent of the ship more than once to supply the seafarers present onboard of the ship with food and water to but in vain. The Beirut harbor master requested taking the necessary measures to force the maritime agent to supply the seafarers with food and water and ban the maritime agent from evacuating them from the ship until the crew is replaced by a new one to ensure the safety of the ship, the maritime navigation and the public safety in the port.
- The Beirut harbor master, noted in his letter no: 391/b dated April 2, 2014, that the ship “Rhosus” present in Beirut Port was moved from Quay 11 to the breakwater and that it was carrying hazardous substance (ammonium nitrate) and it was found that there is water in the ship’s holds which indicates that water is leaking into the ship which might lead to the sinking of the ship. He asked to task the National and Foreign Ship Inspection Service to inspect the ship and prepare a report about its situation and safety to take the necessary measures to avoid its sinking in the port.
- On April 2, 2014, the Ship Inspection Service at the Directorate General of Land and Maritime Transport came back to inspect the ship and examine its safety for navigation, its compliance with the national and international regulations related to the safety of maritime navigation, the safety of life at sea in addition to the environmental and public safety, and to examine whether the flaws discovered during the previous inspection were repaired. It was found that the mentioned flaws were not repaired, instead additional flaws were discovered according to report of the Ship Inspection Service at the Directorate General of Land and Maritime Transport (a copy of the inspection report is here to attached).
- The “Rhosus” is still berthed at the breakwater in Beirut Port and requires urgent and immediate maintenance and it is at risk of sinking because of the negligence of its owners which jeopardizes the safety of the ship, the safety of the maritime navigation and the marine ecosystem and threatens the maritime traffic at the Port and which requires taking the necessary and immediate measures to eliminate these risks.
Therefore, we respectfully ask you to take note of the above and take the necessary measures to avoid the sinking of the ship loaded with hazardous cargo in Beirut Port, thus avoiding the pollution of the seawater and obstruction of the maritime traffic in Beirut Port, and to speed up the adjudication of the case of the ship and selling it at auction.
Director General of Land & Maritime Transport
[signature]
Eng. Abdel Hafiz El-Kaissi
Attachment: a copy of the entire file