Indian Police File Charges Against MSC, Captain and Crew of Lost MSC Elsa 3
The local police in the Kerala region of India filed the first papers in a legal action against MSC Mediterranean Shipping Company, the captain, and the crew of the MSC Elsa 3 which was lost off the coast on May 24. The charges relate to negligence in handling the vessel and the dangerous cargo aboard.
The Fort Kochi Coastal police station filed what is known in the Indian legal system as the First Information Report (FIR) which outlines the various violations. The case is being brought on behalf of a resident named in the complaint and the local fishing community. The FIR outlines offenses of rash navigation, creating a danger to navigation, and negligent conduct as it relates to poisonous substances, combustible matter, and explosive substances.
According to the report, they are being accused of handling the vessel negligently which resulted in causing environmental impact. They are accused of being aware that the vessel was carrying hazardous substances but operating the vessel negligently. Further, it says the aftermath has seen dangerous plastic materials in the sea and washing ashore creating environmental concerns and financial losses to the fishing community.
The local government has been under political pressure to file charges while it raised concerns that it did not have legal standing because the casualty was outside the 12-mile limit. There had previously been media reports that the government was pursuing a legal settlement with MSC and its insurers while some reports said the government was trying to maintain good relations with MSC. It was pointed out that MSC is a major operator at the nearby Vizhininjam International Port. This week the company sent one of its 24,000 TEU containerships to the port for the first time, and it became the largest to have docked in India.
Officials have commented that the vessel’s ballast water system was not working properly contributing to its taking on a severe list. Media reports have questioned the condition of the ship noting that the vessel was flagged for multiple deficiencies on port state inspections. Issues were recorded on the last two inspections in 2023 and 2024 in India, but the vessel had not been detained. Bureau Veritas reports all the vessel’s certificates were up-to-date.
Saying that MSC mishandled the cargo aboard the vessel, the report highlights that 12 of the containers out of the 640 onboard held declared hazardous material, and 12 contained calcium carbide. The authorities said that 61 containers washed ashore and that so far 51 have been salvaged.
The Indian Coast Guard has been highlighting efforts to deal with small bits of plastic known as nurdles that were in the water and washing up on the beaches. It reports so far approximately 500 kg of plastic nurdles have been painstakingly removed from the beaches.
Salvage efforts began this week with ROVs and divers inspecting the wreck which sank 38 nautical miles off the Kerala coast. Divers are going to attempt to seal the fuel tanks to stop a small release of oil. At the beginning of July, they are going to attempt to pump the fuel from the tanks to reduce the environmental dangers.