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Apollo
IMO1011941
| Abandonment ID: | 00949 |
| Nombre del buque: | Apollo |
| Bandera: | Cayman Islands |
| No. OMI: | 1011941 |
| Puerto de abandono: | Šibenik, Croatia |
| Fecha de abandono: | 26 Marzo 2024 |
| Fecha de notificación: | 14 Abril 2024 |
| Reporting Member Govt. or Org.: | Fed. Int. de los Trabajadores del Trasporte (ITF) |
| No. de marinos: | 7 |
| Nacionalidades: | Rusia, Federación de(1); Ucrania(6) |
| Circunstancias: | P&I: Aurora P&I (Michael Else and company limited)
Type : Yatch
Vessel has been detained and the wages are unpaid for some of crew for 6 months
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| Acciones tomadas: | 4 Abril 2024: Flag State informed
Contacted the owner, agent, flag state, port state and P&I club.
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| Estado de la repatriación: | 14 Abril 2024: Repatriation pending
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| Estado del pago: | 14 Abril 2024: Payment Pending
268,550 €
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| Comentarios y observaciones: | Fed. Int. de los Trabajadores del Trasporte (ITF) (14 Abril 2024)
Owner is based in Ukraine and is not responding to crew at all.
Reino Unido (30 Abril 2024)
I have engaged with colleagues at the Cayman Islands Ship Registry in respect of the APOLLO. I have copied colleagues in this response.
Firstly, I would like to advise that APOLLO is under a flag state detention due to a lack of valid certification under both the MARPOL and Nairobi Wreck Conventions
Colleagues have advised that that the case of the APOLLO is not one of “abandonment” as envisaged by the IMO/ILO Ad Hoc Expert Working Group on Abandonment or by the 2014 amendments to MLC.
APOLLO is a “pleasure vessel” and is not subject to MLC. Also, as it is a pleasure vessel, there is no statutory right to wages or leave. These are contractual matters between the seafarer and the employer. The Cayman Islands Ship Registry do not have the legal powers to act regarding outstanding wages.
The seafarers’ best remedy will be to engage a local admiralty lawyer and enforce their maritime lien for unpaid wages. If the owner does not pay the outstanding amounts, they could force the judicial sale of the yacht which would realise much more than the outstanding amounts. ITF should be able to assist with this process.
Cayman Islands colleagues engaged with an ITF Inspector on 5 April 2024 in respect of the APOLLO to explain the situation and offer assistance.
To date, no seafarer onboard the APOLLO has contacted the Cayman Islands Ship Registry requesting help with the situation.
Please be assured that we take such issues very seriously however this is a pleasure vessel without voluntary MLC compliance and is not within the remit of the IMO/ILO Joint Database for Abandonment.
I hope this clarifies matters.
Organisación Marítima Internacional (30 Abril 2024)
Thank you so much for your message and all your considerations and good advice after engaging with your colleagues at the Cayman Islands Ship Registry.
All the received information is duly noted and will be recorded on the joint IMO/ILO database of abandonment of seafarers.
Please allow me to just make one observation on the joint IMO/ILO database, which was set up in 2005 and not only takes into consideration MLC, 2006 and the 2014 amendments thereto, but also resolution IMO A.930(22) on Guidelines on provision of financial security in case of abandonment of seafarers, which was adopted on 29 November 2001. The guidelines may be applicable to any person who is employed or engaged in any capacity on board a seagoing ship and also explicitly applies to e.g. fishing vessels engaged in international voyages. This issue was also taken into consideration when Guidelines on how to deal with cases of abandonment of seafarers were recently adopted in the IMO/ILO JTWG and LEG 110 subsequently.
I sincerely hope that this information could be helpful for any further considerations.
I once again would like to thank you for all the kind and good cooperation in resolving reported cases of abandonment of seafarers. It’s all very much appreciated.
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