|Abandonment ID:|| 00490|
|Nombre del buque:||Ali Bey[resolved]|
|Puerto de abandono:||Constanta, Romania|
|Fecha de abandono:||30 Noviembre 2020|
|Fecha de notificación:||2 Diciembre 2020|
|Reporting Member Govt. or Org.:||Fed. Int. de los Trabajadores del Trasporte (ITF)|
|No. de marinos:||12|
|Nacionalidades:||República Arabe Siria(12)|
|Circunstancias:||P&I: The American Club (05/12/2019 - 04/12/2020)|
Vessel arrived in Constanta port and one crew member on board for 23 months complained to PSC. Vessel inspected and detained by PSC.
|Acciones tomadas:||2 Diciembre 2020: Flag State informed|
Discussions and negotiations with PSC, P&I Club, and owners.
|Estado de la repatriación:||Repatriation pending|
Repatriation of Syrian nationals is very difficult.
|Estado del pago:||Payment Pending|
|Comentarios y observaciones:||Fed. Int. de los Trabajadores del Trasporte (ITF) (14 Diciembre 2020)|
From ITF Inspector
Please be informed that all crew of the above mentioned vessel were abandoned on board. Vessel is berthed on a commercial berth on Constanta Port, Romania. There is no food on board and diesel was finished. I notified the P&I and Flag administration since 02 December 2020 about this. For the moment there are some humanitarian help with food to the crew from particular persons and Welfare Port/Constanta Seamen's Club. Due to the situation of fact, Constanta Port Administration connected the vessel to shore power probably for a short period of time .
According with MLC 2006 Standard A2.5.2 (2) - Financial Security - crew shall be deemed to have been abandoned.
Panamá (14 Diciembre 2020)
I am adding in copy our personnel, they are from the MLC Department and from our Labor Department, PSC and Navigation and Safety Department, they are the personnel nominated within our administration monitoring and following up this situations. From our side, I could assure you that today we will contact the Legal Representative and DPA (owners side) and RO (MLC additional Audit/Inspection), also we will send onboard one of our flag inspectors so all angles are properly tackle down.
Rumania (14 Diciembre 2020)
From Romania Naval Authority
We inform you that MV “ALI BEY”, IMO no. 9070515, flag PANAMA, was inspected on 19 November 2020 in port of Constanta -Romania, after reported complaint by ITF Constanta (Mr. Adrian Mihalcioiu) on 17 November, regarding situation on board vessel. PSC National Coordinator introduced a message in Thetis system, create an unexpected factor Priority II and vessel could be inspected by PSC Officer and assisted by ITF Constanta representative. During inspection we find major nonconformities/deficiencies in relation with MLC (seafarer’ employment contract expired, non-payment of wages of one seafarer) and SOLAS (fire drill failed). At the end, vessel was detained, Master receive Notice Of Detention, Form A and Form B of the report. According Paris MoU procedure we inform by mail, flag, owner, ITF Constanta and local agent. Also was issued a penalty order of 4000 Lei which was paid by local agent.
We contact several times local agent (ASKILA Shipping) to see which is the situation, if they have news in this matters but information receive was poor. In this moment we have not any official document that vessel was abandonment in Constanta port-Romania.
Panamá (31 Diciembre 2020)
The complaint consists of the crew requesting owed wages since more than a year and 2 years ago. Also according to the information we received they need provisions on board. No reply at all from the parties involved.
Fed. Int. de los Trabajadores del Trasporte (ITF) (16 Julio 2021)
From ITF Inspector in Romania
I can confirm that owner done a lot of abuses against the crew in order to negotiate their rights less than they owed, (master video attached), P&I confirmed this abandonment according with MLC 2006 and paid compensation according with the convention, part of crew got some part of their wages and after many abuses (missing food, missing fuel, sometime rooms not heated during winter time, bad living conditions on board the vessel in generally, threatened to be blacklisted, with court and with police , with force evacuation, etc etc. Now, on board there are 4 seafarers unpaid from many months, owner owes them about 175.000 USD and in this conditions, owner take court action against master, against me as the person who declared to the flag, P&I and to ILO, IMO that crew are in area of abandonment according with MLC 2006, Standard 2.5.2 , and claimed huge amount of money. More than this, governmental organization, PSC answer to you that they arrest the vessel because crew not been paid from 6 months but they have no official documents that vessel is abandoned ..... no comment.
Panamá (16 Julio 2021)
From Panama Maritime Authority
The complaint consists of the crew requesting owed wages since more than a year, two years ago. Also according to the information we received they need provisions on board. No reply at all from the parties involved. Until now the status has not changed.
Fed. Int. de los Trabajadores del Trasporte (ITF) (30 Noviembre 2021)
Vessel remains in Constanta with 4 seafarers on board. Total unpaid wages in amount over US$180,000. Vessel is detained by PSC, arrested by P&I, and subject of 3 separate court actions, one from actual crew, another one on behalf of ex Master and third time by P&I. Next hearing 17 January 2022. Welfare Port Services provide every month provisions, drinking water, small spare parts for water heating system or cooking electric oven or stoves.
Fed. Int. de los Trabajadores del Trasporte (ITF) (22 Julio 2022)
The case is still in court. The court decision recognises that the crew are unpaid but we are awaiting for this decision to go forward to see the vessel in a public auction. On board there are 4 Syrian seafarers and total amount claimed is about $250,000. Scrap value of the vessel is approx. $300,000-350,000 and the crew members are privilege creditors. Constanta Seaman's Center have provided food and other support since December 2020.
Fed. Int. de los Trabajadores del Trasporte (ITF) (5 Septiembre 2023)
The vessel was sold and the seafarers subsequently paid their outstanding wages