Lok Sabha Question No. 974 (UNSTARRED), answered on 2025-07-25
Subject: Capsizing  of MSC Elsa 3
Ministry: PORTS, SHIPPING AND WATERWAYS
Asked by: Adv. Adoor Prakash, Shri Benny Behanan, Adv Dean Kuriakose, Shri Charanjit Singh Channi

## 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: पȅन , पोत पįरवहन और जलमागŊ मंũी

- 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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