March 5, 2018 Ministry of Public Works and Transport Letter to Case Authority
March 5, 2018
To the Ministry of Justice
- The Case Authority –
Subject:
Request for necessary and immediate action to issue a decision to auction off the ship Rhosus, which was docked at the Beirut port, after it sank
Reference:
– Your letter number 137/2014 dated February 7, 2018 registered in the Directorate General of Land and Maritime Transport under number 1831/6 and dated February 19, 2018
– The telegram from the Joint Maritime Operations Room number 4/Ain Ghain B [4/غ ع ب] dated February 18, 2018, registered at the Directorate General of Land and Maritime Transport under number 1784/6 and date February 19, 2018
– The report of the Beirut port harbormaster number 369 dated February 19, 2018, registered at the Directorate General of Land and Maritime Transport under number 1866/6 and date February 20, 2018
– His Excellency the Minister of Public Works and Transport’s letter number 1459/S 1459/ص] [ dated December 18, 2017
– 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 in reference to and pursuant to our abovementioned letters, especially the letter from His Excellency the Minister of Public Works and Transport number 1459/S [1459/ص] dated December 18, 2017, which reiterated the request addressed to the Beirut Enforcement Department to expedite due measures to auction off the ship Rhosus and its cargo or re-export 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 we have received the abovementioned telegram from the Joint Maritime Operations Room, informing us that a Naval Forces boat reported that on February 18, 2018, at 6:30, the ship Rhosus, present within the Beirut port near the breakwater, sank [entirely] except for the bow, and then the Beirut Naval Base reported that at 10:00 on the same day the abovementioned ship sank entirely,
And based on the abovementioned report by the head of Beirut’s port [Beirut harbor master], stating that the ship Rhosus, which had been near the breakwater for more than four years and whose crew had been evacuated after it was abandoned by its owners and the owners of the cargo it was carrying, was secured and tied to the breakwater several times, the last of which was with the assistance of the pilotage station at the Beirut port. The ship eroded with time, leading to water accumulating inside of it, especially as its cargo holds were not covered. The ship sank during the recent storm, which brought heavy rain,
Whereas the abovementioned ship sank in the port waters and is therefore considered a shipwreck according to the provisions of article 11 of decision 166/L.R [166/ل.ر.] dated July 3, 1941, which requires it to be auctioned off according to the provisions of article 7 of decision 98/L.R [98/ل.ر] dated April 30, 1941 through the Enforcement Department, given that the hazardous substance (ammonium nitrate) that was on board the ship was off-loaded into Hangar 12, which belongs to Gestion et Exploitation du Port de Beyrouth. The off-loading was performed by Gestion et Exploitation du Port de Beyrouth, 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 Gestion et Exploitation du Port de Beyrouth, the Beirut port harbormaster’s fund, the stevedoring company, the pilotage station at the Beirut port, and the ship security company,
Whereas the fees and wages incurred by the ship and cargo for the benefit of the state treasury should be collected through an auction of the ship and cargo, within the correct legal measures.
And for the sake of navigation and public safety at the port as well as the rights of creditors in relation to the ship and cargo,
Please take note of the aforementioned. Now that the ship has sunk and poses a threat to maritime navigational safety, public safety and environmental safety, we reiterate our previous requests to the Beirut Enforcement Department to immediately take necessary due measures to auction off the ship and the cargo that was removed from it (ammonium nitrate) and stored in Hangar 12, or re-export this substance through a maritime agent.
CC: Directorate General of Land and Maritime Transport
The Minister of Public Works and Transport
[signature]
Youssef Fenianos
March 5, 2018
Attaching:
– All the file