MSC ELSA 3verschrottet
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Courtpermitted resuming of negotiations with MSC
A court has lifted a stay on a state-appointed committee of government officers, permitting negotiations to resume with the MSC Mediterranean Shipping Company, as the court continued to consider both an admiralty suit filed by the state as well as multiple claims for compensation and loss due to the sinking of the ' MSC Elsa 3'. The Kerala High Court had placed a curb on any negotiations with MSC and its insurance companies in June 2025, requiring the state to file an admiralty suit. The company has filed, seeking to limit its liability, and has argued the state’s claims are inflated. The company has sought to limit its liability to approximately $14.8 million while the Kerala State Government filed a $1.1 billion admiralty claim. The company posted a bond of approximately $133 million at the court’s direction. The court on Oct 27 directed the committee to resume negotiations for compensation. It would cover the remedial work, economic losses, and damage to the environment and the fishing community. The purpose of the committee was to resolve the case without undue delay. The state had no objection to resuming the negotiations, but the committee is not empowered to conclude a final settlement or binding agreement. Details still had to be submitted to the court. The authorities have suggested to the court that the remaining containers might have to be removed from the wreck. Lawyers for MSC argued in court that 437 tonnes of fuel and contaminants had already been pumped from the vessel and that attempting to lift the waterlogged containers could cause them to break and release further potential contamination. They have been discussing a proposal for a multibeam survey of the wreck. MSC had proposed that the scope of the survey should be jointly formulated by the stakeholders. The court permitted India’s Directorate of Shipping to proceed with meetings that took place on Oct 17 and 20, selecting a company, C-Trck Surveys, to conduct the environmental assessment of the wreck. The court gave the Kerala State Pollution Control Board one week to submit its suggestions for the survey. The survey was to be undertaken at the cost of the vessel owner. The court scheduled the next hearing regarding the 'MSC Elsa 3' for Nov 24.
Container cargo contains hazardous substances
The Kerala High Court was informed on Aug 11, that the wreck of the 'MSC Elsa 3' contained hazardous materials and therefore, may have to be removed under Section 356J of the Merchant Shipping Act, 1958, and provisions of the Nairobi Convention on the Removal of Wrecks. The submission was made before the Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar, which was hearing a batch of public interest litigations. The hazardous materials were including calcium carbide, rubber chemical anti-oxidants, and plastic nurdles, which could affect the marine environment if they are released. The Union government has also informed the High Court that it has sought the help of the Navy to inspect the condition of the containers. The Union Ministry of Shipping's position was that the ship itself should be removed from the sea. A letter was written to the shipping company requesting this. A year later, the shipping company's response explained that the ship or its contents were not a threat and that the ship did not need to be removed from the sea, the reply filed by the central government explained in the affidavit. The Shipping Ministry and the Director General of Shipping filed the affidavit in response to public interest litigations filed by Congress leader T.N. Prathapan, seeking compensation for fishermen affected by the shipwreck. The court will consider the matter next week. The affidavit also states that even if the Navy was willing, the underwater inspection would not be carried out until the monsoon season was over. The ship was not currently a threat to navigation. The responsibility for removing hazardous materials from the ship was with the shipping company. The affidavit also stated that the study report conducted by the C.S.I.R.-National Institute of Oceanography should also be taken into account to understand the environmental impacts. The affidavit was filed by Captain Tapesh Ghosh, a nautical surveyor in the Marine Mercantile Department.
MSC agreed to bear the cost of a multibeam survey
The Mediterranean Shipping Company (MSC), the charterer and operator of the 'MSC Elsa 3', which sank off the Kerala coast on May 25, 2025, has informed the Kerala High Court that it agreed to bear the cost of a multibeam survey of the wreck and the wrecksite. The company’s counsel made the submission in response to PILs filed by former MP T.N. Prathapan and others, seeking adequate compensation for the fishing community and other stakeholders following the sinking of the vessel. The directorate general of maritime administration (DGMA) had previously informed the High Court that two Indian agencies, namely the C-Track Surveys and the Fugro Survey India Pvt. Ltd., had been identified to conduct an independent multibeam and side-scan survey. Extending its full support to the move, the company agreed to the appointment of C-Track Surveys to conduct the survey. The company has also sought a direction to the director general of shipping to appoint C-Track Surveys to conduct the survey. It further suggested that the scope of work be jointly formulated by the company and the DGMA and provided to C-Track Surveys, and that the data gathered during the survey be made available to both for further analysis.
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