|Abandonment ID:|| 00414|
|7-digit IMO no.:||9119983|
|Port of abandonment:||Port of Djibouti|
|Abandonment date:||15 September 2019|
|Notification date:||19 November 2019|
|Reporting Member Govt. or Org.:||Govt. of Greece (Ministry of Maritime Affairs and Insular Policy)|
|Circumstances:||The vessel was arrested by government authorities for debts.|
West of England P&I
|Repatriation status:||7 November 2019: Other|
As of 7 November 2019, 12 seafarers were repatriated from Djibouti by West of England P&I; the remaining will be repartiated by 30 November
27 January 2020: Repatriation pending
Permanet Mission of Greece to the Office of the United Nations informed ILO that Greek seafarers have been remained onboard.
5 February 2020: Other
The ILO has addressed an urgent intervention to the Government of Djibouti on 5 February 2020 on this matter.
20 February 2020: Repatriation pending
Following the ILO's intervention, Djibouti government informed the ILO as below.
They launched a mission of enquiry and the enquiry confirmed the reasons why the two ships had been arrested: issuance of 23 confiscation/arrest orders and withdrawal of Liberian flag.
The unmanning of the two ships and the repatriation of the crews are not authorized by the authorities for reasons of port security and public health, non-compliance with their minimum manning certificate and insurance.
A possible solution would be the judicial sale of the two ships.
27 April 2020: Repatriated
Two (02) remaining Greek Crew Members have been repatriated on 27.04.2020
|Payment status:||27 April 2020: Partially paid|
1) Pending by the shipowner.
2) Maximum wages covered by the financial security system under standard A.2.5.2 of MLC,2006 have been paid by the P&I Club (West of England).
|Comments and Observations:||Other (30 July 2020)|
From International Group P&I Clubs
There are presently 9 original Filipino crewmembers onboard the Arybbas and 10 on the Ptolemeos, 1 original crewmember Mr Vedeanu and 9 Sri Lankan crew who replaced 9 Filipino crew on 23/11/19. We believe that Global Gateway, are paying the remaining crew on board.
The West club’s overall costs on these abandonmenst to date are: Arybbas US$ 957,662.00; and Ptolemeos US$ 1,725.929.75. This includes payment of 4 months wages for the 24 original crewmembers, and ongoing costs for food, bunkers medical costs etc.
The Club has made two applications to arrest the vessels and logged one appeal. These have been disallowed by the Djibouti Courts. It is worth noting that seven (7) other parties with legitimate claims have had their applications to arrest the ship refused.
In parallel to private procedures before the Djibouti courts, it seems that the Port Authorities are trying to arrange the vessels’ auction pursuant to a unilateral and administrative decision, which suggests they may want to sell the vessels and keep all of the proceeds without the arresting parties having any claim to any of the proceeds, including the seafarers who are still owed salary in excess of the 4 months paid by West.
The West has sought co-operation with the ITF at regular intervals during the abandonment and they are certainly involved in correspondence concerning Mr Vedeanu between the Romanian Embassy in Cairo and the Romanian authorities.
The West received a request from Global in June 2020 asking for their assistance with a repatriation flight for the replacement of a Sri Lankan crew member OS Linka Gamage. The Club refused on the grounds that it does not have any liability in respect of the replacement crew.
It is important to note that the ship came off risk when the owners went into financial default and cover duly terminated. Without the West’s interventions the crew would be in a perilous situation with no obvious means of support, food, water etc.
However, the West has agreed to arrange medication to be provided for the 3rd engineer on the Ptolemeos and this has been debited to and paid by Thalina Shipping who are the manning agents for the Sri Lankan crew instructed by Global. We were advised by the Master that the 3rd engineer had the cost of the medication debited from his wages. That does not seem right to us.
It is abundantly clear that these abandonment cases could and should have been resolved shortly after they occurred. The West stood by immediately and sought to repatriate the crew expeditiously, as required under the MLC. The Djibouti authorities’ actions to date have been entirely inconsistent with the obligations of a state party to the MLC. The authorities have consistently frustrated the provision of medical care, obstructed the repatriation process, made unreasonable demands that amount to a hostage exchange whereby abandoned seafarers are traded in exchange for replacement crew. The arrest proceedings leave much to be desired and for reasons best known to the courts, legitimate creditors have been denied access to the arrest proceedings.