Incident in India

Posted: 28/05/2025

Photo courtesy of the Indian Coast Guard

An incident involving a container ship reportedly carrying hazardous noxious substances has occurred off the coast of Kerala, India.

The MSC Elsa 3 (1 728-teu) sank around 38 nautical miles off the port city of Kochi, Kerala on 25 May 2025.  All 24 crew members were safely rescued from the vessel.

It is understood that the vessel was carrying 640 containers, including 13 with hazardous noxious cargo,12 of which are believed to contain calcium carbide, a substance that reacts violently with seawater, producing highly flammable acetylene gas in addition to heat and calcium hydroxide all of which pose serious risks to human health and the marine environment.

The Indian Coast Guard is on site and responding to the incident, including engaging salvors to recover the containers and deploying efforts to minimise any potential pollution damage from a reported oil slick which has extended from the vessel.  In addition to its cargo, the ship had some 85 tonnes of diesel and 370 tonnes of furnace oil as bunkers and for other operational purposes on board.

Whilst India is a Member State of the International Oil Pollution Compensation Fund, 1992, the Elsa 3 is not a tanker carrying oil as cargo, and therefore any pollution damage resulting from the incident will not be covered by the 1992 Civil Liability and Fund Conventions.

This incident would, however, have been covered by the pending 2010 HNS Convention had the Convention been in force.  Unlike the 1992 Conventions, the HNS Convention covers personal injury claims, fire and explosion and incidents involving a wide range of hazardous and noxious substances.

Like the 1992 CLC and Fund Conventions, the HNS Convention establishes a clear liability framework and ensures that funding is in place to provide compensation for clean-up activities, preventive measures, environmental monitoring, property damage and economic loss.