Hazardous Goods Maritime Disasters News Press Release Shipping Vessel Operation

MSC Zoe containers overboard – update 05.01.2019

January 5, 2019

The update as of the 5th of Jan 2019 on the MSC Zoe containers going overboard is that the ship which is currently berthed at the port of Bremerhaven is relatively undamaged from the incident and is operational..

MSC reported that their surveyors are coordinating with the terminal operators and after clearance from the port authorities, commenced the discharge of containers on the 4th of January 2019..

Depending on the length of the operation, MSC will decide in the coming days, whether the ship will sail on with the cargo on board, or there will be some transhipment of the cargo to another vessel in Bremerhaven..

As per their press release, MSC is in the process of compiling a detailed summary of the numbers of lost or damaged containers and have committed to communicate this to the customers in the coming days..

The press release added

This was a significant incident and we appreciate the support of our customers. In return, MSC will strive to account for lost or damaged cargo, and deliver the cargo in thousands of containers which remain in good condition, as quickly as possible.

We are also continuing to update the public in the Netherlands and Germany via the media on the progress of the clean-up operation on the coastlines and in the waters of these countries.

MSC will ensure that customers who seek further information receive direct communications in the coming days.

In the meantime, here are some more pictures of the containers washed ashore and salvage efforts.. As of now, there seems to be no further news on the Organic Peroxide containers..

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Ajayi Sammy January 6, 2019 At 3:58 PM

Is General Average law applicable in this incident?

Reply
- Hariesh Manaadiar January 7, 2019 At 8:17 AM
  
  Hi Ajayi, as per the definition of General Average, it may be applied
  
  “WHEN and ONLY when, any EXTRAORDINARY SACRIFICE or EXPENDITURE is INTENTIONALLY and REASONABLY made or incurred for THE COMMON SAFETY for the purpose of PRESERVING FROM PERIL the property involved in a COMMON MARITIME ADVENTURE”.
  
  In this case of MSC Zoe, the loss was caused due to natural disaster and not influenced by man.. Therefore in this case, it should not apply.. The line may take the option of declaring “Force Majeure”..
  
  As per Steamship Mutual,
  
  Force majeure operates by relieving a party partially or fully from his obligation to perform a particular obligation. It can also suspend the execution of an obligation or allow an extension of time to perform the same. It is not intended to excuse negligence or wilful default.
  
  Parties to a contract may exercise their rights of freedom of contract to expand the definition of force majeure and widen its application in that contract. It is important, therefore, always to refer to the relevant contract before making general assumptions. Examples of force majeure events are wars, strikes, earthquake, extreme heavy rains/winds.