In a letter of warning sent to the Brazilian Institute of the Environment and Renewable Natural Resources (Ibama) and other authorities, last Tuesday (10/01), NSN Law Firm informed the authorities of the deadline for returning the aircraft of its carrier in São Paulo.
NSN Low Firm, legal representative of MSK Maritime Services & Trading, responsible for the aircraft carrier Nae-São Paulo since its acquisition from the Brazilian Navy in December 2021, stipulates a 12-hour period for the Brazilian authorities to provide the necessary approvals and/or formalities to receive the former aircraft carrier of the French Navy and brazilian.
Failure to comply with the request will lead to the disposal of the aircraft carrier, and all subsequent responsibilities will be the responsibility of the Brazilian authorities. Also according to the text, given all the legal facts, the legal owner of the former Nai São Paulo hull is entitled to dispose of the vessel in full compliance with international laws and commercial rules.
This action is due to the fact that the Brazilian authorities did not make the necessary efforts and did not find a solution so that the ship could dock to be repaired and then proceed to the green recycling process of its materials, as is the case with the international standard recycling and discards in Turkey.
Since October 2022, the former aircraft carrier of the Brazilian Navy, which has roamed the entire Brazilian coast and for more than 10 years without maintenance, is awaiting a decision from the authorities, consuming valuable resources, including spending nearly twenty tons per day of fuel, in obvious environmental damage.
On December 20, 2022, the company formally contacted the United Nations (UN), environmental agencies, and representatives of the Brazilian, Turkish, and French governments reported the lack of assistance from the Brazilian authorities in finding a solution for the ship.
Also according to the legal representative, the green recycling project for the hull of the former aircraft carrier started many years ago, with huge investments to carry out all the preparatory work for the international tender.
All companies involved in the project have an impeccable technical portfolio of decades of experience and a proven international credibility in ship environmental recycling management. So much so that the Brazilian Environment Authority has confirmed and stated several times that the required technical criteria have been strictly adhered to, including that a new export permission can be requested again,” says the company’s lawyer and specialist in maritime law, Zilan Costa eSilva.
Before the lack of resources caused any environmental damage, the structure became safe today, without endangering the environment and navigation, the most logical and environmentally safe procedure would be to relinquish the ownership of the structure in favor of its previous owner, since the supposed commitment became impossible due to the difficulties imposed by the work of the Brazilian authorities and entities.
Check out some notes:
– Although the Basel Convention (which deals with the control of transboundary movements and deposits of hazardous waste) clearly states that “the exporting country must ensure that the waste in question is returned to its territory by the exporter”, the Brazilian Navy, the previous owner of the hull, has not Nothing to help resolve the situation, on the contrary, it set conditions and requirements that were impossible to comply with, making it difficult to return the hull to the port of origin and exhausting the resources needed to complete it. The project.
– There was a request to hire a pilot to work outside the pilot area at a cost of $156,000.00 for 12 hours. MSK Maritime Services & Trading has filed a formal complaint and has not received a response.
– The performance of the Brazilian Navy and the unique requirements have led to the former aircraft carrier continuing to sail outside Brazilian territorial waters at a point determined by the Directorate of Ports and Coasts in the coastal region of the state of Pernambuco since October 5, 2022, consuming valuable resources, including nearly twenty tons of fuel per day.
– The ship’s hull, built between 1957 and 1960 and without maintenance for at least 10 years, has shown damage that requires repair. Although MSK Maritime Services & Trading always acts in complete transparency and reports everything to the authorities, as far as we can see, it has not received any assistance from the Brazilian Navy, quite the opposite: everything has been rejected, no proposal received.
– MSK Maritime Services & Trading looked for various options for mooring the ship and made the necessary repairs and studies that would allow the situation to be resolved. No port or dockyard was accepted, and when they hinted at accepting resistance from the community, prosecutors and other environmental pressure groups, they ended up dissuading them from the intent.
– It must be clarified that the Navy acted as if it was not responsible for the situation and washed its hands, refusing and doing everything possible to prevent the ship’s hull from returning to its original place, where the hull remained for more than ten years, looking out for its best interests, and ignoring all facts and legal risks.
– As the former owner of Nae São Paulo, we have made several requests to remove the ship from Brazilian territorial waters, but we have not received any positive response. Due to the very high daily costs, we have maxed out our resources.