Ultimatum Issued in MSC Elsa 3 Salvage as India Threatens Legal Action
India’s Directorate General of Shipping is expressing frustration over the progress in the efforts to address the oil aboard the sunken containership MSC Elsa 3 leading to the issuing of a “final ultimatum” with the threat of criminal liability and legal proceedings. While they walked back some of the threats, India is getting tough on the salvage efforts demanding more actions.
The wreck lies at a depth of 51 meters (167 feet), which means it requires saturation diving. Due to weather and issues getting the equipment in place, the authorities said that there had been prolonged and repeated delays in starting the diving operation. They continue to express urgency due to the environmental risks and the onset of monsoon season.
“The salvors have been issued a strict notice by both state and central authorities to expedite and complete the extraction of oil from the sunken vessel without further delay,” the Directorate General said in its daily situation report on Wednesday, June 11. They said the final ultimatum was to initiate and complete oil extraction within 48 hours while warning failure to comply would result in civil and criminal liability being imposed.
Among the issues they highlighted was a lack of trained divers for the operation. They said limited bottom time means they needed more people and equipment to complete the tasks within the restricted weather window.
The Directorate later walked back its warning on Thursday, June 12, acknowledging progress with the dive team doubled to 24 and final mobilization underway of the necessary equipment. They now said the salvors had been instructed to deliver a firm and detailed oil recovery plan within 24 hours. It however still said non-compliance would lead to the “escalation of enforcement action.”
Divers made progress at the site completing primary capping of the identified leak points. Secondary plugging of non-critical tanks which were empty when the vessel was lost is also underway. As a result, the latest site survey showed no oil sheen. Previously, Tank 22’s sounding pipe was weeping oil.
The divers are also scheduled to attempt the recovery of the vessel’s Voyage Data Recorder. Indian officials have previously said they were continuing to collect evidence in their investigation into the casualty.
Onshore, they report that 58 containers have now been retrieved and taken to the port. One additional container they expected would be delivered to the port within 24 hours. Volunteers are also continuing efforts with the beach cleanup with the Directorate saying “the volume of nurdles collected remains significant.”
The local courts are also taking a tough stance against MSC. The Kerala High Court previously said that there “should be no negligence in taking action against the shipping company.” On Thursday, it briefly detained another MSC containership, MSC Mansa F (1,078 TEU) which was at the Vizhinjam port. The Cashew Export Promotion Council petitioned the court seeking compensation for a shipment it had aboard the MSC Elsa 3. MSC agreed to post a bond of approximately $700,000 for the claim. The vessel was later released and its AIS signal showed it underway by the end of the day.