MSK and SÖK, Companies Responsible for the Scrap of the Navy Aircraft Carrier, Appeal to the UN for Berthing of the Ghost Ship

Companies That Would Deconstruct Claim They Can No Longer Keep Hull At Sea

The companies MSK Maritime Services & Trading from the Netherlands and SÖK from Turkey, responsible for the transportation and dismantling of the aircraft carrier that belonged to the Brazilian Navy Nae São Paulo, have contacted the United Nations (UN), environmental agencies, and representatives of the Brazilian, Turkish, and French governments, reporting what they call the “lack of assistance from Brazilian authorities in finding a solution for the ship,” which is the subject of an endless controversy.

In the statement addressed to the UN and other international bodies, the companies mention the lawsuit by the Government of Pernambuco against the Federal Government and the financial loss of keeping the aircraft carrier at sea, which has already reached US$ 5 million. “Unfortunately, the authorities simply ignored our situation and acted as if this financial bleeding had no relation to them, even though they have been the true owners of this waste for about a year,” the document states.

The former aircraft carrier of the Navy, which has always been the subject of controversies and losses to public coffers, was sold to the dockyard of SÖK. In August, the vessel was being towed from Rio de Janeiro by a tugboat from MSK, but when it approached the Strait of Gibraltar, it was prevented from proceeding by the Moroccan government due to the more than 10 tons of asbestos that the hull carries, a material considered carcinogenic.

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The Navy’s order was then to dock the aircraft carrier at the Port of Suape, on the coast of Pernambuco. However, the Government of Pernambuco went to Federal Court to prevent this procedure from happening, due to health, environmental, and local port operation risks. The vessel, now considered a ghost ship, is still at sea, awaiting a resolution to the controversy to be docked somewhere.

In Addition to Losses, Companies Also Foresee Environmental Damage from Keeping the Aircraft Carrier at Sea

In the statement to the UN and other global bodies, MSK and SÖK argue that the Basel Convention determines that the exporting country, in this case, Brazil, is responsible for allowing the return of exported waste, this being an international obligation, relying on the Navy, and not on the State of Pernambuco or the Port of Suape, to manage maritime ports and determine the fate of the vessel, which is located near the coast of Pernambuco burning fuel to the detriment of marine fauna and flora.

The document was sent to the Environmental Quality Directorate of Ibama; to Yvonne Ewang-Sanvincent, legal advisor to the UN for the Environment; Emilia Wahlstrom, director of the UN for the Environment; to the Ministry of Ecological Transition and Territorial Cohesion in France; to the Secretariat of the Basel, Rotterdam, and Stockholm Conventions; to the United Nations Environment Programme; Claude Wohrer, Secretary-General of Maritime Affairs in France; Jean Romnicianu, French diplomat; to the Turkish Chancellor in France; Sadiye Karabulut, responsible for the Circular Economy and Waste Management Department of Turkey; in addition to the Turkish consulate in São Paulo.

“We have stated several times that Brazilian authorities should responsibly intervene in this matter and indicate a location for docking, but unfortunately we have found no serious response. On the contrary, despite all our efforts, the authorities have refused to provide solid and efficient assistance, and the convoy has remained at sea, with unfounded excuses. In fact, the same could easily be considered irresponsible, as the required Salvage Master Report clearly stated that the damage to the waste should be repaired without much delay,” the statement says.

All Brazilian Ports Rejected the Ghost Ship

The legal team representing MSK and SÖK states that they “have lost hope of finding a safe place in Pernambuco” (to dock the aircraft carrier) and that all port terminals in Brazil have rejected the aircraft carrier after the controversy’s repercussions. Check below the full statement sent to the UN and other international bodies:

“Dear Sirs,

As the matter is well known and all parties are quite familiar, we see no reason to repeat the entire history of the project from the beginning, but we certainly believe we should at least emphasize what has happened since our convoy was unjustly declared “illegal” due to false and unfounded allegations on August 26, 2022, after leaving Brazil on August 4, following all required procedures and in compliance with all relevant regulations.

Our company, Sok Denizcilik, has always acted in accordance with and respected regulations, laws, and rules since its inception, therefore we followed the instructions of the competent authority of the exporting country, Ibama, regarding the return of the waste (according to the Basel Convention) to the exporting country, Brazil.

On October 5, 2022, the convoy arrived at the roads of Suape (district of Pernambuco-BR), at the location indicated to us by the Brazilian Navy.

Although we had repeatedly requested during the return journey, unfortunately no refugee port (or at least an anchorage) was designated. On the contrary, we were ordered to keep the “waste” out of Brazilian internal waters, as if the waste had not been exported from Brazil or were not owned by Brazil.

At the same time, we were instructed to provide a Salvage Master Report, as damage was determined on the waste upon arrival. We completed the same report which was also supported by an underwater survey and we also obtained the Non-Coral Sun Report. These were the items we were instructed to obtain permission to enter internal waters. During this time, we participated in several meetings with the Navy, Engeprom, and local authorities to declare our intention to find an appropriate way that would allow us to continue the project which was environmentally sound recycling and disposal of Brazilian waste.

We have stated several times that Brazilian authorities should responsibly intervene in this matter and indicate a location for docking, but unfortunately we have found no serious response. On the contrary, despite all our efforts, the authorities have refused to provide solid and efficient assistance, and the convoy has remained at sea, with unfounded excuses. In fact, the same could easily be considered irresponsible, as the required Salvage Master Report clearly stated that the damage to the waste should be repaired without much delay.

While we waited for a sheltered anchorage for repairs and the completion of the necessary procedure to restart the re-exportation process, all we encountered were refusals and more refusals with irrational excuses. In the end, the Brazilian Waste (hull of the former Nae São Paulo) was completely denied any type of entry into internal waters in Recife (PE), as the State Government opened a lawsuit against the Federal Government.

Suddenly, our convoy, and certainly our company, has just become a victim of a revenge of which we were not a part. This conflict has already cost us about US$ 5 million, which can easily be considered a small fortune. Unfortunately, the authorities simply ignored our situation and acted as if this financial bleeding had no relation to them, even though they have been the true owners of this waste for about a year.

Losing hope for a safe place in Pernambuco (which we were ordered by the Navy as the destination…) we then tried every possible option; all shipyards and almost all ports in Brazil, but all ended with more refusals. We even tried, with our own means, to find a location to anchor, but with the Navy’s instruction regarding the prohibition of any anchorage, that too became impossible.

In the end, despite all our efforts, we could not obtain the necessary support from authorities that would allow us to continue with this project. As we have stated several times, our intention was to conclude the re-exportation procedure and finalize the recycling and disposal of Brazilian waste in accordance with the contract we signed. However, today 77 days have passed since our arrival, and nevertheless, all our requests for assistance and cooperation have been completely ignored. This leads us to conclude that we are no longer in a position to maintain this recycling and waste disposal project, especially while any of the involved states do not assume any responsibility.

It should also be appreciated by the parties involved that we, as a professional recycling shipyard, approved and certified by Green Ship, have made every effort to continue sustainability and protect the environment from day one of our involvement. From now on, any action of ours will only be to protect ourselves from the “battles” of which we certainly are not a part, nor border.”