|Comments and Observations:||Govt. of Malta (13 April 2017)|
From: Sammut Ivan at Transport [mailto:email@example.com]
Sent: 13 April 2017 07:00
To: Jan de Boer
Subject: RE: New abandonment cases notification
Dear Mr de Boer
Reference is made to your email dated 11 April 2017, concerning the subject matter.
This Administration has been following the case involving the mv Mamola Defender very closely and following the necessary investigations please be informed that we have received confirmation that the five Romanian seafarers have been paid in full by the shipowners and repatriated on 22 March 2017.
We are also informed that Mr oo will disembark on 19 April 2017. An agreement was signed between the seafarer with the shipowners under which wages for March and April 2017 will be settled upon disembarkation. Seafarer Mr oo signed an agreement with the shipowners and will be repatriated in the coming days.
Finally, please note that the vessels Mamola Serenity(IMO number 9562647) and Mamola Champion(IMO number 9511492) mentioned in your email are not registered under the Maltese Merchant Shipping Act.
We remain available for any additional information or clarification required.
Registrar General of
Shipping and Seamen
ITF (23 May 2017)
Pending update from flag state
ITF (17 July 2017)
From: Katie Higginbottom [mailto:Higginbottom_Katie@itf.org.uk]
Sent: lundi 17 juillet 2017 10:53
To: Noh, Jinhak
Cc: Jan de Boer (JDeBoer@imo.org) ; Natalie Shaw (firstname.lastname@example.org) ; Adrian Mihalcioiu ; Dorota Lost (DLost@imo.org)
Subject: RE: request from Marshal Islands on updating database
Further to the communication from the flag state, I have again been in touch with our inspector and can confirm the following:
During the period the seafarers were on board, (this year only) Promar and Gesmar were in litigation from December 2016, Promar never sent money to Gesmar during 2017. There were clear cases on both vessels with wages unpaid from 3-4 months, employment agreement terminated, P&I insurer and Flag State Administration notified, cases clear of abandonment in line with the MLC. One of the seafarers (Cercel Emanoil Cristian) waiting on board to be paid and then repatriated, was only partially paid (less one month and a few days) and sent home by force using Port Authority Police. Now there are from Promar about 11 seafarers repatriated but with unpaid wages of 1-3 months. Gesmar has said that they worked on board of Promar Shipping vessels therefore Promar must pay, Promar has said that they are going to Court against Gesmar. The ITF Inspector in Romania has received a letter from the insurer of Gesmar (Gesmar had an insurance in case of abandonment and unpaid wages in Romania) stating that the 11 seafarers are not in the annex of the insurance, so they cannot pay any compensation. It is not correct to say that ITF is working together with Promar to recover the funds from Gesmar. It is understood that the Marshall Islands Flag Administration has recognized that wages have not been paid in full for at least 4 seafarers from both vessels – amounting to some 55.000 -60.000 euro, - a significant amount for the seafarers.
In total, there is more than 150,000 Euros outstanding to be recovered from Promar in respect of seafarers working across all Promar ships.
ITF (18 August 2017)
From: Katie Higginbottom
Sent: vendredi 18 août 2017 12:38
Subject: RE: Mamolar Defender case
I think we are considering these cases ‘disputed’ in the database sense of the word – ie. seafarers no longer on board, but full remuneration not received according to our information. If the flag state can obtain evidence from the owner that all remuneration has in fact been paid to the crew then we could consider them resolved.