Transport Malta on Friday postponed the introduction of a new controversial contract of service granting a cooperative the exclusive rights to ferry passengers to Comino as the court gave the transport watchdog and the excluded operators until Wednesday to reach some form of out-of-court settlement.
The new contract giving a new operator exclusivity over jetties in Ċirkewwa, the Blue Lagoon and Santa Marija Bay was meant to kick in on Saturday but 12 operators obtained an injunction stopping TM from implementing the contract.
The statement announcing the postponement came just hours before Transport Malta and the 12 operators met in court to discuss the injunction which had already been upheld temporarily and effectively banned TM from implementing the contract as planned.
TM said that in view of the various concerns received over Port Notice 01/2020, which refers to the provision of scheduled services between Malta and Comino, it had decided to temporarily suspend the commencement of the service to assess in more detail the operational aspects and berthing facilities.
The authority said it had taken the “prudent” decision after having consulted with the operator contracted to carry out the service as well as with a number of commercial vessel operators.
TM’s lawyer, Shazoo Ghaznavi told Mr Justice Toni Abela that the commencement was suspended because the authority was showing its goodwill to sit down and discuss with the remaining operators who were complaining that the Port Notice will kill their business.
Under the 15-year concession, the new operator will have exclusive rights to ferry people from designated berthing facilities in Comino and Ċirkewwa and to 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 TM last year.
This put at stake the future of around 50 operators providing unscheduled and pre-booked trips between Malta and Comino.
Dr Ghaznavi said the authority had been willing to negotiate in such manner as to address the concerns of the commercial vessels operators, in the hope of “putting their mind at ease”. It met them on Wednesday but later that day it was slapped with the injunction.
Lawyers Carl Grech and Ann Fenech, acting on behalf of the 12 operators, said they had filed the injunction because they were given no guarantee or assurance whatsoever.
“Could we at least have exclusive rights over part of the jetty, while others had similar rights over another part? Let us work. That’s all we want,” the lawyers stressed.
Mr Justice Abela intervened saying that common sense would have it for the court to adjourn the injunction proceedings so as to allow the parties time to thrash out the matter out of court so he postponed the sitting to Wednesday.
Comino Ferries Coop’s lawyer, Mark Simiana, pointed out that his clients had already undertaken expenses and obligations such as to construct the new vessels according to the specifications.
Lawyer David Camilleri also appeared on behalf of TM.
Lawyers Martina Farrugia and Emma Portelli Bonnici also appeared on behalf of the applicants.
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.
According to a TM spokesman, the current Comino ferry service was haphazard, and consequently, its aim was to ensure minimum standards such as passenger capacity and regular service.
He said the agreement was needed as a means to ensure a better service, especially for tourists.