Executive Summary:
This document is a response to questions raised in the Lok Sabha regarding the capsizing of MSC Elsa 3, India's oil spill response capabilities, exemptions for foreign flagged vessels, emergency preparedness standards at Indian ports, and plans to accede to international conventions. It outlines the government's actions and plans in these areas, including an ongoing inquiry, existing oil spill response plans, exemptions under specific conditions, provision of emergency towing vessels, and the incorporation of international conventions in the Merchant Shipping Bill, 2024.
Key Points / Main Content:
* **MSC Elsa 3 Capsizing:**
* A statutory preliminary inquiry is being conducted by the Mercantile Marine Department (MMD), Kochi, under the Merchant Shipping Act, 1958, to determine the causes of the incident.
* **Oil Spill Response Capabilities:**
* The Indian Coast Guard has a National Oil Spill Disaster Contingency Plan (NOSDCP).
* Tier I response capabilities for minor spills are maintained by ports and Oil Handling Agencies.
* Tier III response capabilities for major spills require resource mobilization from various National Oil Handling Agencies, Ports, and International Sources.
* **Exemptions for Foreign Flagged Vessels:**
* General Order no. 1 of 2018 exempts foreign flagged ships transporting EXIM laden containers or empty containers for transshipment from coastal trade licensing requirements.
* Foreign flagged vessels already chartered on February 24, 2023, are allowed to operate for up to 3 years from that date or until the charter period ends, whichever is earlier.
* **Emergency Preparedness Standards:**
* Two Ocean Going Tugs are positioned in Mumbai and Chennai for emergency towing.
* Emergency Towing Vessels (ETVs) are provided on both the east and west coasts.
* **International Conventions:**
* The Merchant Shipping Bill, 2024, incorporates provisions from the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (Bunker Convention), and the Nairobi International Convention on the Removal of Wrecks, 2007.
Impact Analysis:
* **Directorate General of Shipping (DGS):**
* Impact: Responsible for implementing the inquiry into the MSC Elsa 3 incident and enforcing regulations regarding foreign flagged vessels.
* Action Required: Continue the inquiry and enforce the General Order no. 1 of 2018 and DGS Order No. 6 of 2023.
* **Ports and Oil Handling Agencies:**
* Impact: Responsible for maintaining Tier I oil spill response capabilities.
* Action Required: Maintain contingency plans and requisite equipment for minor oil spills.
* **Indian Coast Guard:**
* Impact: Responsible for the National Oil Spill Disaster Contingency Plan (NOSDCP).
* Action Required: Maintain and update the NOSDCP and coordinate Tier III responses.
* **Mumbai Port Authority and Chennai Port Authority:**
* Impact: Responsible for chartering and managing the Ocean Going Tugs.
* Action Required: Continue to manage and maintain the chartered tugs for emergency towing.
* **Owners/Operators of Foreign Flagged Vessels:**
* Impact: Affected by the licensing exemptions and operational limitations.
* Action Required: Adhere to the conditions outlined in General Order no. 1 of 2018 and DGS Order No. 6 of 2023.
Key Entities Referenced
Ministry of Ports, Shipping and Waterways: The Indian government ministry responsible for ports, shipping, and waterways.
MSC Elsa 3: A foreign flagged vessel that capsized near Kochi, India.
Kochi, Kerala: City in Kerala, India, near where the MSC Elsa 3 capsized. Also location of Mercantile Marine Department (MMD) field office.
Directorate General of Shipping (DGS): An Indian government organization that exempted foreign flagged transshipment vessels from coastal trade licensing and age limits under DGS Order 2023.
Merchant Shipping Act, 1958: Indian legislation under which a statutory Preliminary Inquiry is being undertaken by the Mercantile Marine Department (MMD) in Kochi regarding the capsizing of MSC Elsa 3.
Indian Coast Guard: A branch of the Indian Armed Forces responsible for maritime law enforcement and search and rescue operations. It developed the National Oil Spill Disaster Contingency Plan (NOSDCP).
National Oil Spill Disaster Contingency Plan (NOSDCP): A plan developed by the Indian Coast Guard for responding to oil spill accidents.
Mumbai, Maharashtra: City in Maharashtra, India, where one of the Ocean Going Tugs for Emergency towing is positioned through the Directorate General of Shipping and chartered by Mumbai Port Authority.
Chennai, Tamil Nadu: City in Tamil Nadu, India, where one of the Ocean Going Tugs for Emergency towing is positioned through the Directorate General of Shipping and chartered by Chennai Port Authority.
Merchant Shipping Bill, 2024: Bill introduced in Lok Sabha that incorporates provisions on International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (Bunker Convention) and the Nairobi International Convention on the Removal of Wrecks, 2007.
GOVERNMENT OF INDIA
MINISTRY OF PORTS, SHIPPING AND WATERWAYS
LOK SABHA
UNSTARRED QUESTION NO. 974
ANSWERED ON 25.07.2025
CAPSIZING OF MSC ELSA 3
974. ADV. ADOOR PRAKASH:
SHRI CHARANJIT SINGH CHANNI:
ADV DEAN KURIAKOSE:
SHRI BENNY BEHANAN:
Will the Minister of PORTS, SHIPPING AND WATERWAYS be pleased to state:
प(cid:517)न, पोत प(cid:303)रवहन और जलमाग(cid:330) मं(cid:361)ी
a) whether the Government has conducted any inquiry into the systemic lapses
revealed by the capsizing of the foreign flagged vessel MSC Elsa 3 near Kochi, if so,
the findings thereof;
b) whether India lacks tier I and tier III emergency response infrastructure for oil
and chemical spills along its coastline, and if so, the reasons therefor;
c) whether the Directorate General of Shipping (DGS) has exempted foreign
flagged transshipment vessels from coastal trade licensing and age limits under DGS
Order 2023, and if so, the details thereof and the rationale behind such exemptions;
d) whether minimum emergency preparedness standards including ocean going
tugs and containment systems have been mandated for major Indian ports, if so, the
details thereof and if not, the reasons therefor; and
e) whether the Government plans to accede to the IMO’s Bunker Convention,
HNS Convention, and Wreck Removal Convention, and if so, the timeline for the
same?
ANSWER
MINISTER OF PORTS, SHIPPING AND WATERWAYS
(SHRI SARBANANDA SONOWAL)(a) A statutory Preliminary Inquiry into the incident, under the Merchant Shipping Act,
1958, is presently being undertaken by the Mercantile Marine Department (MMD), Kochi,
a field office of the Directorate General of Shipping, Ministry of Ports, Shipping and
Waterways to ascertain the causal factors leading to the incident.
(b) The Indian Coast Guard, Ministry of Defence has developed a National Oil Spill
Disaster Contingency Plan (NOS-DCP) for responding to oil spill accidents. The tier I
response capabilities are aimed at tackling minor spills, for which contingency plans and
requisite equipment are maintained by various ports and Oil Handling Agencies in India,
which enable them for in-house response to any minor spill. Tier III response capabilities
aimed at tackling major oil spills require mobilisation and pooling of resources from
various National Oil Handling Agencies, Ports and International Sources.
(c) The Ministry of Ports, Shipping and Waterways has issued General Order no. 1 of
2018 directing that provision of licensing requirement shall not apply for engaging in
coasting trade of India by Foreign flag ships engaged, in full or in part, for transportation
of EXIM laden containers for transshipment; and Foreign flag ships engaged, in full or in
part, for transportation of empty container. Foreign flagged vessels requiring licence
under Section 406 and 407 of the MS Act 1958 and already engaged in charter on the
day of DGS Order No. 6 of 2023 dated 24.02.2023, are allowed to operate upto 3 years
from the date of that order or until charter period, whichever is earlier.
(d) The Ministry of Ports, Shipping and Waterways has positioned two Ocean Going
Tugs for Emergency towing in Mumbai and Chennai through the Directorate General of
Shipping. These tugs are chartered by Mumbai Port Authority and Chennai Port Authority.
Accordingly, the Ministry has made provision for Emergency Towing Vessels (ETVs) on
both the east and west coast.
(e) Merchant Shipping Bill, 2024 introduced in Lok Sabha incorporates provisions on
International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (Bunker
Convention) and the Nairobi International Convention on the Removal of Wrecks, 2007.
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