24 - 30 August 2000

Erika report issued amid secrecy

by Franco Aloisio

As revealed by The Malta Independent on Sunday two weeks ago, the Malta Maritime Authority on Tuesday released to nine interested parties its draft report on the sinking of the Malta-flagged Erika.

Lloyds' List yesterday reported that the wider public would have to wait until the end of September to have access to what will be the final report. The draft was sent under terms of strict confidentiality, and the "substantially interested parties" were given until 11 September to make their comments on it. The team that has conducted the flag State investigation includes the MMA technical staff, a former authority surveyor and the Salvage Association.

The oil tanker Erika sank off the west coast of France in December 1999 causing a major ecological disaster in the region.

Some of contents of a preliminary draft of the report had already been discussed with some of the parties involved in the loss of the ship, Lloyds' List said. Sources said the report mainly focuses on the heavy corrosion among a series of factors which contributed to the loss.

It is expected to clarify the position of the master, Karun Mathur, jailed by the French authorities immediately after his rescue and accused by Rina, Italy's classification society of being mainly responsible for the loss of the ship.

MMA executive director (merchant shipping) Lino Vassallo declined to talk about the contents and the findings of the investigation: "This is a draft report; at this stage I would not like to comment on the content. Within the spirit of IMO resolution A.849 (20), the substantially interested parties were given until 11 September to make their significant and substantiated comments," Mr Vassallo told Lloyds' List.

"Where appropriate, these comments will be taken in account in the production of the final report, that is expected to be published in late September."

He also refused to talk in terms of faults and responsibilities of any of the parts involved in the Erika case.

"This report is only for preventive means. The investigation will point out who is at fault but it is not its function to determine civil or criminal liability. Obviously, after the final report will be issued, MMA may decide to take some kind of measure concerning people or bodies involved," Mr Vassallo said.

The interested parties which had a copy of the draft report are: the shipowner Giuseppe Savarese; the shipmanager Panship; Capt Mathur; Italian classification society Rina; Total Transport (part of TotalFinaElf); the French investigators of Bea-Mer; the European Commission; Intertanko; and IMO.

"Our report is divided in three main parts: the facts, based on statements and existing documentation; the analysis of both the facts and the actions taken by the parts involved; the conclusions. The final report will also include a section concerning recommendations which the shipping industry, particularly the IMO, is being asked to address through its international and technical expertise," Mr Vassallo said.