December 18, 2017 Letter from Minister of Public Works and Transport to Case Authority
The Republic of Lebanon
Ministry of Public Works and Transport
The Minister
1459/ص
December 18, 2017
To the Ministry of Justice [STAMP] Ministry of Justice Number 10482[ILLEGIBLE]
- The Case Authority – Date: December 26, 2017
Subject:
Request for necessary procedures leading to a final decision to urgently and swiftly auction off the ship Rhosus, anchored at the Beirut port, as well as its cargo, to avoid its sinking
Reference:
– Your letter number 137/2014 dated September 19, 2017 registered at the Directorate General of Land and Maritime Transport under number 7430/6 on October 5, 2017 and its annexes.
– Our letter number 2832/6 dated April 8, 2014 and its annexes.
– Our letter number 3178/6 dated April 14, 2014 and its annexes.
– Our letter number 4431/6 dated June 2, 2014 and its annexes.
– Our letter number 8435/6 dated November 26, 2014 and its annexes.
– The case file.
In relation to the abovementioned subject and references, and pursuant to our abovementioned letters, especially our letter number 8435/6 dated November 26, 2014, which requests from the Beirut Enforcement Department to expedite auctioning off the ship Rhosus and its cargo or reexport the cargo through the maritime agent in order to avoid the risk [resulting] from the sinking of the ship as a result of its erosion, and hence avoiding threats to maritime navigation, public safety and the environment,
Whereas the ship remains anchored near the breakwater in the Beirut port and has been eroded by rust and suffers several flaws, which makes it prone to sinking after its owners and suppliers have abandoned it and failed to fix it, which threatens the safety of maritime navigation in the port and the maritime ecosystem,
Whereas the hazardous material (ammonium nitrate) on board ship has been unloaded into hangar 12, which belongs to Gestion et Exploitation du Port de Beyrouth [GEPB] – the unloading was performed by GEPB, The Lebanese Unloading Company, and the contractor Stevadoria, which incurred costs and fees for each of the aforementioned that have not been paid to date, in addition to berthing and merchandise storage fees that are incurred daily for the benefit of GEPB (attached is GEPB’s letter number 1048 dated February 20, 2015 and its annexes); the Beirut port harbor master’s fund; the unloading company; the pilotage station at the Beirut port; and the ship security company as per the Beirut port harbor master’s referral number 214/ب, dated January 28, 2018 and its annexes (copies are attached),
Whereas the fees and wages incurred by the ship and cargo for the benefit of the state treasury should be collected through an auction within legal frameworks.
Whereas the ship is in disrepair and unfit for navigation, and is therefore considered a shipwreck according to the provisions of article 11 of decision 166/ل.ر dated July 3, 1941, which dictates that it should be sold in an auction through the Enforcement Department, as per the provisions of article 7 of decision 98/ل.ر dated April 30, 1941,
Navigation and public safety at the port as well as the rights of creditors in relation to the ship and cargo should be protected,
We therefore ask you to review the abovementioned and we reiterate our previous requests to request from the Beirut Enforcement Department to urgently take necessary and legally due procedures to auction off the ship and its cargo or reexport the cargo through the maritime agent to avoid the risk [resulting] from the sinking of the ship because of its erosion, and hence avoiding threats to maritime navigation, public safety and the environment.
December 18, 2017
[signature]
Youssef Fenianos Attachment: the complete file