Insomnia

5 seafarers abandoned on the Insomnia (flag Malta) in Nice, France, 1 September 2024. ILO case 1107, status: Unresolved.

Status
Unresolved
Abandonment ID
1107
Flag
Malta
Port of Abandonment
Nice, France
Abandonment Date
1 September 2024
Notification Date
18 October 2024
Seafarers
5
Reporting Org.
International Transport Workers' Federation

Circumstances

Outstanding wages of 3 months

Updates

8 November 2024: International Maritime Organisation
IMO calls on all Colleagues for additional information on who took initial action, and who notified the case.

8 November 2024: France
(by Deputy permanent representative of France to the IMO)

Following the email dated 1st November, please find below comments from France on the INSMONIA abandonment case:
• Vessel’s left Nice on the 4th of august 2024,
• Last known call is Cartagena from 01/10/2024
• France has been informed of this case through your initial message dated 31/10/2024.
• ILO/IMO Database identified:
o an action taken on the 12/08/2024 “Flag state informed” (by does not identify by whom)
o an abandonment of seafarers in Nice dated on the 01/09/2024
o a notification on the 18/10/2024
o and a repatriation date of seafarers on the 18/10/2024.

Considering this chronology, France would like to highlight that the relevant French authorities competent on the handling of onshore seafarer complaint (MLC Regulation 5.2.2) was in no way in a situation to address this case, considering that both vessel and seafarers had left France when informed.

We would like to propose that database is completed with additional information on who took initial action, who notified the case.

1 November 2024: France
(by Permanent representation of France to the IMO)

In order to proceed to investigations with our head office and local authorities, we would need additional information:
• “12 August 2024: Flag State informed”: who proceed to FS information?
• “Abandoned 1 September 2024 -Notified 18 October 2024”: during this time period, was a French authority involved or involved (harbour, PSC, etc), local ITF inspector?

1 November 2024: Malta
(by Transport Malta)

Kindly note that this Directorate took immediate action when the claims reached our offices, by immediately engaging with the owners (after obtaining consent from all complainants) to ensure settlement of all dues in terms of the agreement.
You will appreciate that this is not always a straightforward exercise given that the owner’s views must also be considered. The owners are rebutting the claims through their legal teams.
We are currently in discussion with the owner’s legal consultants to ensure that this issue is concluded at the earliest.

ILO record · Map of all abandonment cases