EVENTIN

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Confiscated taner registered in Germany

The future of the "Eventin," which remained anchored off Rügen, remains uncertain. It has not yet been clarified what will happen to the ship, cargo, and crew. The tankerhas now been registered under the German flag, The tanker was one of more than 150 ships in the Russian shadow fleet that are subject to sanctions. At the end of March, the Federal Ministry of Finance confirmed that the ship and its cargo had been confiscated and impounded. This meantthat Germany could dispose of the oil and the ship. Anchorage. The "Eventin" remained under customs supervision in the Nordperd roadstead, a specially designated anchorage where ships carrying, for example, dangerous goods can moor safely without disrupting port operations or the surrounding area. The change of flag became necessary to establish clear responsibilities, in order for it to be legally operated, inspected, or sold, The new flag state Germany is thus temporarily assuming responsibility for the ship in order to be able to manage it under applicable law, The legal tug-of-war over the tanker's future continues. The customs authorities have filed an appeal with the Federal Fiscal Court against a decision by the Greifswald Fiscal Court. In May, the Federal Customs Administration initially suspended the ordered immediate confiscation of the ship and cargo pending a decision in the main proceedings. A decision on the appeal is still pending. No hearings have been scheduled so far. The previous owner has made changes to the crew and captain since January. The customs is in direct contact with the crew and is assisting in providing supplies for them.

Tug-of-War going on

The legal tug-of-war over the future of the"Eventin" continues. Customs authorities have filed an appeal with the Federal Fiscal Court against a decision by the Greifswald Fiscal Court. In May, the court initially suspended the ordered immediate confiscation of the ship and its cargo pending a decision in the main proceedings. A decision on the appeal is still pending. No hearings have yet been scheduled. The owner of the ship had provisionally prevailed in Greifswald with a so-called application for a stay of execution. However, this did not constitute a final assessment of the legal situation. Customs confiscated the ship, which belongs to the Russian shadow fleet, in March. The Customs is in direct contact with the crew and is assisting in providing for the crew. It is currently unclear when a ruling from the Federal Finance Court can be expected. The disposal of the ship and its cargo, as well as the timeframe for this, are depending on the further course of the legal proceedings. In his application to the Greifswald Finance Court, the owner complained that there were serious doubts about the confiscation order. The actual main proceedings regarding the shipowner's objection are pending before the Main Customs Office. If a decision is made, legal remedies are also possible there. The value of the cargo of 100,000 tons of oil is approximately 40 million euros. The tanker is one of more than 150 ships in the Russian shadow fleet that are subject to sanctions. The confiscation also created the legal prerequisites for the disposal of the ship and its cargo. The ship remains anchored off Rügen, but in mid-April it was towed to an anchorage approximately three nautical miles from its previous mooring.

Confiscation suspended

The Finance Court of Mecklenburg-Western Pomerania, based in Greifswald (Vorpommern-Greifwald district), has suspended the confiscation order of the' Eventin', issued by German customs authorities. This is an interim judicial step and does not mean that the "Eventin" can set sail again. The Finance Court will continue to hear the case; until then, the federal government is not permitted to do anything with the ship — neither pump out the oil nor sell the vessel, due to ongoing appeal proceedings against the confiscation of the tanker by the customs authorities. According to the Finance Court, there are reasonable doubts as to whether the shipowner can invoke an "exceptional circumstance applicable to cases of distress at sea." However, this review must be reserved for the main proceedings. A date for this has not yet been set.