Operators of Comino ferry services have stopped Transport Malta from awarding a cooperative the exclusive rights to the jetties in Ċirkewwa, the Blue Lagoon and Santa Marija Bay. 

In their application for an injunction, 12 operators complained that the Port Notice, which comes into effect on Saturday, will effectively kill their business.

The contract of service with the chosen operator did not allow other operators on the jetties, they argued.

Under the 15-year concession, the operator will have exclusive rights to ferry people from designated berthing facilities in Gozo, Comino and Ċirkewwa and make use of eco-friendly vessels.

It was handed to a cooperative of ferry operators that includes Captain Morgan cruises and three other small operators previously providing this service, following a request for proposals issued by Transport Malta last year. 

This has put at stake the future of around 50 operators providing unscheduled and pre-booked trips between Malta and Comino. 

The application for a warrant of prohibitory injunction filed by 12 of them was temporarily upheld by Mr Justice Toni Abela, who wants to hear legal arguments at a sitting on Friday.

The operators argued that the request for the proposal itself was designed to cater for a specific operator because of certain requisites such as the size of the vessels, a minimum capacity of 175 people, as well as a steep bid bond of a staggering €50,000, which small operators surely cannot afford.

There was also a clause that fixed a fee of €75,000 for anyone who wanted to appeal the decision. 

'Passengers will have to be disembarked into the sea'

According to the 12 operators, the tender awarded the new operator “priority boarding rights” over the jetties that they have been using for several years.

This meant that if they are not granted permission to dock at the new operators’ mercy, they would have no option but to disembark their passengers directly into the sea. 

Moreover, with vessels of between 20 and 25 metres, the new operator could occupy jetties in Malta and Comino simultaneously, allowing no space for others to berth their vessels. 

They argued that according to the European Commission regulations on the freedom to provide maritime transport services, a public service contract requires “overriding reasons in the public interest”.

These must be proportional and based on objective and non-discriminatory criteria, which are completely absent from the agreement with the new operator. 

“The requisites of the Port Notice and the original request for proposals are illegal, abusive, excessive, discriminatory and disproportional over their right to continue providing maritime transport services,” the operators argued as they called on the court to stop the transport watchdog from signing any agreement with the new service provider. 

The application for an injunction was signed by lawyers Ann Fenech, Carl Grech, Martina Farrugia, and legal procurator Katrina Zammit Cuomo. 

A monopoly that will negatively impact tourism - Tourism Association

The controversial decision to grant exclusive rights for the Comino ferry service to one operator came under fire from the Gozo Tourism Association which said this would create a “monopoly” that would negatively impact tourism on the sister island. 

Reacting to criticism from incensed ferry operators, the cooperative that won the tender said that they had been the only ones to make a submission when the call was issued.

Meanwhile, a Transport Malta spokesperson told Times of Malta that the agreement was needed as a means to ensure a better service, especially for tourists.

“Several visitors were often left ashore and paid varying prices.  At times, the vessels that operated the service were sub-standard, leaving a very negative impression of Malta,” he said when asked for the reason behind this move. 

“The service will give peace of mind to tourists, visitors and even the residents of Comino,” he added. 

Comino ferry service is haphazard - Transport Malta

The spokesperson described the current Comino ferry service as being haphazard, and consequently, its aim was to ensure minimum standards such as passenger capacity and regular service.

Such an objective was best achieved through an open competitive process on the same lines as that of the Grand Harbour ferry service, the spokesperson added. 

TM will be providing ticket booths at the berthing facilities while the concessionaire will introduce a modern ticketing system, the spokesperson said.

The concessionaire will be required to provide regular service between Ċirkewwa and Marfa in Malta, and Santa Marija Bay and the Blue Lagoon in Comino between 7am and 6pm in winter and between sunrise and sunset in summer.  

According to TM, diving, fishing and similar activities from the pick-up and drop-off points would not be affected.