The Association of Sea Captains of Montenegro from Kotor wrote a letter to Prime Minister Milojko Spajić yesterday, asking him to dismiss Maritime Minister Filip Radulović and his closest associates, as well as reject the Agreement on Business and Technical Cooperation between the maritime companies Crnogorska and Barska Plovidba, which was prepared by Radulović's ministry.
"The subject of this Agreement is not the lease or rental of ships of Crnogorska plovidba, and therefore its provisions are in complete contradiction with the information that was considered and adopted at the Government session, proposed by the Ministry of Maritime Affairs. In this regard, we appeal to the Government to hold the relevant minister and his associates accountable because one rescue plan was adopted at the Government session, and another is being implemented in practice. Since this is a state property of great value, it is necessary for the Government to include the Protector of Property and Legal Interests of Montenegro in the entire process, who should use his legal authority to stop such actions by the Ministry of Maritime Affairs," the Board of Directors of this association wrote to Prime Minister Spajić.
They believe that this is an illegal, ambiguous arrangement, previously unknown in the maritime profession and international practice, which is primarily to the detriment of Crnogorska plovidba.
"Since these are ships operating on the international market, the provisions of that contract must not be in conflict with internationally accepted maritime law practice, internationally accepted obligations of the state of Montenegro and Montenegrin legislation," the Association warned, adding that "it is clear that the subject of that contract is not ship management, but, among other things, the provision of advisory services and brokerage services when concluding ship contracts."
The Ministry of Maritime Affairs presented the disputed Agreement as the only way to "save" Crnogorska plovidba, which, in Radulović's opinion, is threatened with bankruptcy and loss due to the insolvency of its two ships, which have since been repaid to Chinese banks.
The Captains' Association believes that the Ministry of Maritime Affairs, by presenting information to the Government on the situation in two shipping companies, and then proposing the controversial Agreement on Business and Technical Cooperation, "misled the Government itself in the decision-making process, placing incorrect and unfounded claims in the Information, both in law and in practice, and then implementing a completely different model than the one adopted by the Government at the session."
"The above-mentioned leads to the fact that in voting for such decisions, elements of certain criminal acts are acquired, both on the part of the members of the Government who voted for such a draft Agreement, and on the part of the management bodies of both companies if such an Agreement is adopted. This also confirms that the elected management bodies of both companies do not have the professional capacities to perform tasks within the scope of their responsibility, and that they were elected according to party lines," the letter states, which explains in detail all the illogicalities, formal illegalities and complete inconsistency with international maritime legal practice of the agreement, which Radulović's ministry stated was the only possible way to "save" Crnogorska plovidba.P.
They point out that this is a "harmful contract drawn up by persons who do not have basic knowledge of maritime affairs, and in this regard we appeal to you to reconsider the actions of the Ministry of Maritime Affairs, bearing in mind that the subject of the Contract is neither lease, nor rental, nor management of the ships of Crnogorska plovidba."
The association states that Crnogorska plovidba will have to repay the million euros lent to Barska with "legal interest, which is often higher than that which can be achieved when engaging in a loan with a commercial bank", that it will pay Barska a fee of 9% of all its revenues "without it being management, because Barska plovidba does not assume responsibility for management, but rather mediation and consulting", and that in addition, Crnogorska will have to pay a regular broker through whom it will employ its ships on Barska's advice.
"From the above, it is easy to conclude that this is a contract that is not based on the profession, and that it is harmful to Crnogorska plovidba, which, according to the contract, retains all three management components (Technical, Commercial, Crew Management), so it is at least absurd that Barska pays 9% of its total revenue for consulting and double mediation. In accordance with the provisions of the draft contract, Crnogorska plovidba remains a company in the sense of applying the IMO Code, remains a manager in the sense of applying the Seafarers' Labour Convention of 2006 and continues to be a shipowner in full capacity, bearing all the costs inherent in chartering as the current model of commercial exploitation of ships. Why then should Crnogorska plovidba pay 9% of its total revenue," the Captains' Association asks.
They told the Prime Minister that "it is time for you to take our appeal seriously, because it has no political connotation, but is driven solely by our concern for everything we witness every day that is being done badly in the maritime sector, and from which not only we and our families, but thousands of citizens of Montenegro live."
They state that they are not surprised by "everything that has been done here in an unprofessional and ill-intentioned manner" because they are well aware of the circumstances in the Montenegrin maritime administration.
"Here we are primarily referring to the fact that the person who caused the most damage to the maritime sector during his term as assistant minister, special advisor to Minister Radulović, as we could read from the statement of the Ministry of Maritime Affairs. In addition, the acting general director of the Directorate for Maritime Economy, Seafarers and Harmonization of Regulations has changed positions in just a few months from an advisor for corporate governance in the Ministry, through the appointment as general director for air traffic without a single reference related to this sector, and then appointed to the position of general director for maritime economy and seafarers, again without a single reference for the maritime sector. And all this at a time when seafarers are threatened with being put on the so-called black list again, due to the incompetence of Minister Radulović," the Association listed, adding that "every day we witness the bad and above all harmful moves of Radulović and part of his team, from whom, after all, it would be illusory to expect quality, professionally based solutions to problems in the maritime sector."
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