Liberian shipping company threatens legal action against Malta Maritime Authority

by Franco Aloisio

A Liberian shipping company based in Greece is threatening legal action against the Malta Maritime Authority (MMA) after one of its ships, which carries a Maltese flag, has not been allowed to leave an Irish port for these last three months.

In 1999, the cargo vessel MV Arachovitika was en route to Greenore port in Ireland, and lost its anchor during bad weather. The vessel was detained by its classification society Rina and the Irish port authorities. Due to lack of repair facilities, the ship was towed to Dublin.

Ejaz Ul Haq, the manager of Sea Freighters Navigation Ltd, the company which manages the vessel, told The Malta Business Weekly that in February 2000 Rina had confirmed the ship was suitable for a ballast voyage to Riga, in Latvia, for repairs.

"Repairing the ship in Dublin would have cost us a lot of money. Hence we asked the MMA to authorise the ship to be taken to Latvia for repairs. However the Maltese authorities denied us permission," Mr Ul Haq said.

In March, Rina suspended the classification of the MV Arachovitika, and the owners of the ship asked another classification society, Polish, to take over the class of this ship. However the MMA refused to accept the change of class.

"Hence, we are in a serious situation of financial difficulties. The ship has been in the port in Dublin for almost five months. We are reserving the right to claim for the enormous losses suffered, and we are considering taking the MMA to the international arbitration court," said Mr Ul Haq.

He added that the Maltese highest authorities, including the Prime Minister, were informed about these developments.

On the other hand, the MMA said its Merchant Shipping Directorate was insisting that due to the nature of the ship's deficiencies in terms of international conventions, the ship can only be allowed to sail under its own steam after the necessary repairs have been carried out and the relative surveys successfully completed.

"In the present state, the ship can only be allowed to leave the present port under tow. Malta cannot allow what is referred to as class hopping and continues to insist that before any change of class can be allowed, repairs have to be carried out under the supervision of Rina and not another classification society," the MMA said.

"No amount of threat of legal action will deter the MMA from meeting its responsibilities in terms of Maltese and international law," it said.