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Updated: Malta 'refusing to take part' in Arctic Sea handover

Adds MMA reaction

The Maltese-registered formerly hijacked cargo ship Arctic Sea is unable to call at the Spanish port of Las Palmas after Malta refused to take part in the handover of the ship, Russian investigators have been quoted as saying by RIA Novosti news agency.

The Investigative Committee of the Russian Prosecutor General's Office said the transfer of the Arctic Sea, currently anchored 15-17 miles off Spain's Canary Islands, would take place today or tomorrow. The investigators did not disclose whom the ship would be handed over to.

"The Maltese decision is making it difficult for the vessel to call at the port of Las Palmas in the Canary Islands, which was agreed in advance with Spain," the committee said in a statement.

The decision also makes things difficult both for the crew and for a team of Russian investigators who completed their investigation on Wednesday, the agency said.

The Maltese-flagged and Russian-crewed vessel, officially carrying lumber from Russia to Algeria, was reportedly boarded by a group of eight men on July 24. Officials later said it had disappeared in the Atlantic. It was freed off Cape Verde on August 16 by a Russian warship.

The Committee spokesman, Vladimir Markin, described Malta's refusal as "inconsistent and illogical," and said it ran counter to the international convention on the law of the sea.

Spanish authorities gave permission for the Arctic Sea, the Ladny frigate, which freed the cargo vessel from hijackers, and a Russian tug boat to call at Las Palmas on Tuesday, but cancelled the decision on Wednesday without giving any explanation.

Spain's Foreign Ministry held intensive talks with Russian and Maltese ambassadors yesterday and this morning, Novosti said.

MARITIME AUTHORITY REACTION

The Malta Maritime Authority said the Russian authorities have advised the Maltese authorities and the owner of the M/V Arctic Sea of their intention to hand over the ship to the owner in the port of Las Palmas.

The Authority said it instructed the owner of the M/V Arctic Sea that the ship could not proceed to sea until any necessary repairs, surveys and certification were carried out and it was ascertained that the ship was in a seaworthy condition.

"With reference to claims in the press that the ship was due to be handed over to the Maltese Authorities, Malta as the flag State of the ship, has always maintained that it has no right to assume the ownership of the ship since it is not the rightful owner of the ship and therefore the ship should be handed over to the shipowner as the rightfUL owner of the ship," the MMA said.

"Malta, as the flag State of the ship, is in no way renouncing to any of its obligations under international conventions. In fact the seaworthiness of the ship will be ensured through surveyors of the classification society classifying the ship and flag state inspectors who will attend the ship in Las Palmas to survey and certify the ship in order to confirm that the ship is in full compliance with international standards. This is in full compliance with the United Nations Convention on the Law of the Sea."

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Comments

Raymond Sammut(on 18/9/09)
What is your point, Mr alfred agius? Any ship under the control of pirates is a "pirate ship" by definition. Thanks to the Russian navy and to NATO, who acted in accordance with maritime law, the Arctic Sea is no longer a pirate ship.
Raymond Sammut(on 18/9/09)
This looks like a case where the shipowners are not forthcoming in meeting the expenses to have the ship re-certified. There doesn't seem to be anything political here; merely costing, billing and having the ship surveyed so that she can be re-certified in accordance with maritime law before she goes back into operation. All the Maltese government is doing here is offering maritime services under the Maltese maritime flag.

If the Russian navy found anything sinister on this ship -- related to military -- then NATO would also know since NATO participated in the recapture. But nothing appears to have been reported by NATO command.

It all comes down to an unnecessary burden upon the Russian navy who had to go out of their way to rescue the Russian seafarers under pressure from relatives. Now, that it's all over, no-one seems to want to inherit the burden. This unfortunate ship could end up being left stranded in the Canary for some time. The owners, in the meantime, could be considering insurance issues rather than immediate re-certification from the MMA.
alfred agius(on 17/9/09)
Art105 deals with the seizure of a pirate ship or aircraft !!!!
Jesmond Micallef(on 17/9/09)
COOL MMA !!! Just stick to it completely !!!!
John Azzopardi(on 17/9/09)
Galea L.
have a look at article 101. Piracy was only assumed or fabricated. There were no ransom demands made
John Mizzi(on 17/9/09)
That is right the Vessel should be handed to the Owners not to the country where it is registered.
a.camilleri(on 17/9/09)
@M.Azzopardi
whats illegal immigration got to do with this article?
Galea. L(on 17/9/09)
John Azzopardi

Have a look at Article 105 of the 1982 Law of the Sea Convention before you put your fingers on your keyboard.
DVella(on 17/9/09)
huh . . . hardly surprising and totally justified . . . . someone should explain to the Russians that if the whole issue was dodgy right from the start and they left everybody out . . . including the legal entity on whose registers the ship was listed, they've only got themselves to blame if they're left holding a hot potato!!

Is-sodda li frixtu tridu torqdu fiha intom !
m azzopardi(on 17/9/09)
it would be a lot better if the maltese authorities take such a tough stand where it matters most , like when it comes to ILLEGAL IMMIGRATION !!!
John Azzopardi(on 17/9/09)
The Russian take-over of the Maltese-registered vessel, if carried out without permission from the Malta government, is tantamount to invasion of Maltese territory by a foreign force. It is a strange that no issue was ever raised in this regard.
paul sciberras(on 17/9/09)
Malta is doing the right thing not taking part in the hand over of the ship Arctic Sea.This intrigated incident has been worked out in the present situation by Russia and Israel.I hope Malta will keep its position as I am sure the big brothers will try to dictate.

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