Abstract
While the HKC proceeds through to eventually coming into force, other issues are being, or have been, independently pursued to encourage ratification of the Convention by various states within the IMO. New initiatives, some of which are examined below, may have a role in promoting the coming into force of the Convention or have a role to play in their own right, either alongside the Convention, or in place of the Convention, should the treaty not actually come into force.
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Notes
- 1.
Regulation (EC) 782/2003 of the European Parliament and of the Council of 14 April 2003 on the prohibition of organotin compounds on ships.
- 2.
European Parliament resolution on the EU strategy for better ship dismantling, 26 March 2009.
- 3.
European Commission (2010), p. 2.
- 4.
European Maritime Safety Agency (2011).
- 5.
European Maritime Safety Agency (2011).
- 6.
European Maritime Safety Agency (2011). It was generally agreed at the EMSA workshop that Turkey already had a regulatory regime similar to that of the EU and that China, whilst still having some ground to make up in terms of waste handling, was making good progress and was worthy of receiving ships from the EU states.
- 7.
Protočnik (2011).
- 8.
Protočnik (2011).
- 9.
European Parliament (2009) Preamble.
- 10.
Milieu Ltd. & COWI (2009).
- 11.
Mugdal et al. (2010).
- 12.
Milieu Ltd. & COWI (2009).
- 13.
The report estimated the extra costs arising from a more environmentally sound operation was between the wide range of US$25 and US$150 per LDT, with US$100 being the central figure. Milieu Ltd. & COWI (2009), p. 21.
- 14.
European Commission (2007).
- 15.
Milieu Ltd. & COWI (2009), p. 4.
- 16.
Messenger (2013a).
- 17.
Messenger (2013b).
- 18.
Messenger (2013b).
- 19.
Mugdal et al. (2010), p. 5.
- 20.
EMSA is the authority that has responsibility for monitoring Port State Control at a European level in accordance with Directive 2009/16/EC of the European Parliament and the Council of 23 April 2009 on port state control. Other Directives of relevance include Directive 94/57/EC on common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations and Directive 2002/59/EC of the European Parliament and of the Council of June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC.
- 21.
ICS response to public consultation on the 2007 Green Paper. European Commission (2009).
- 22.
COWI, Lithauz (2008).
- 23.
Hong Kong Convention, Article 1.2 General obligations.
- 24.
Note the change in terminology to ‘recycling’ from the Commission’s former preference for ‘demolition’.
- 25.
European Commission (2012a), p. 2.
- 26.
European Commission (2012a), p. 3.
- 27.
European Commission (2012b), p. 4.
- 28.
That being said, it is worthy of note that the large ex-Royal Navy aircraft carriers HMS Illustrious and Ark Royal were broken up at Aliaga and the even larger ex-French carrier Le Clemenceau at Able UK, Hartlepool.
- 29.
Blanco (2012).
- 30.
The latest time envisaged for ratification is 2020, at which time the HKC was expected to come into force. European Commission (2012c), p. 32.
- 31.
European Commission (2012c), p. 28.
- 32.
Regulation (EC) 1013/2006 of the European Parliament and council of June 2006 on shipments of waste.
- 33.
European Commission (2012b), p. 2.
- 34.
Proposal for a Regulation on ship recycling, Article 2 (13) Definitions.
- 35.
Note that the new Bangladesh Shipbreaking and Ship Recycling Rules also makes special reference to the position of cash buyers who exercise limited time ownership—there now appears to be a general intention that full liability of cash buyers is formally recognised.
- 36.
Proposal for a Regulation on ship recycling, Article 2 (5) Definitions.
- 37.
This Regulation on end-of-life ships does not equate to other European mechanisms for end-of-life vehicles, which places responsibility for disposal with the producer. The latter is regional producer law, but shipping is international and no producer responsibility is associated. Comments from discussions with recycling facilitator 2.5.2012.
- 38.
European legislation that goes beyond the demands of international treaties and prompts elaboration is not new; the EU measures with regard to the phase-out of single-hulled tankers prompted the IMO to amend MARPOL 73/78 and apply the more stringent EU conditions to all tankers worldwide, and the proposed EU action on compensation for oil pollution damage led the IMO to establish the International Oil Pollution Compensation Supplementary Fund.
- 39.
Until the European list is published, European-flagged ships are only to be recycled in facilities located in the EU or in an OECD state. Thereafter, ships may be recycled at any facility included in the list.
- 40.
Proposal for a Regulation on ship recycling, Article 12 (l) and (m), Requirements for ship recycling facilities.
- 41.
It was argued, for example, at the 8th Annual Ship Recycling Conference in September 2013 that carrying out work within the hull of a vessel being demolished might actually constitute working within a built structure.
- 42.
Article 15.8, Ship recycling facilities located outside of the Union.
- 43.
Article 23.2 Enforcement in Member States.
- 44.
Article 23.5 Enforcement in Member States.
- 45.
Article 23.7 Enforcement in Member States.
- 46.
The European Parliament’s Committee for Environment, Public Health and Food Safety.
- 47.
Comment from discussion with IMO representative, 1.12.2009.
- 48.
McCarthy (2012a), p. 3.
- 49.
This is in line with the Commission Regulation (EU) 757/2010 of 24 August 2010 amending Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic pollutants as regards Annexes I and III.
- 50.
Hintzsche (2013).
- 51.
Eason (2013), p. 1.
- 52.
Profundo (2013).
- 53.
Krämer (2012).
- 54.
Centre for International Environmental Law (2012).
- 55.
This has been held to be the case by the judgements of the national courts as described in Chap. 5.
- 56.
Centre for International Environmental Law (2012), p. 7.
- 57.
Basel Convention Article 11.
- 58.
Centre for International Environmental Law (2012), p. 8.
- 59.
Centre for International Environmental Law (2012), p. 11.
- 60.
Council of the European Union (2012).
- 61.
Council of the European Union (2012), para 21. Here the Opinion refers to accord with Article 31 of the Vienna Convention on the Law of Treaties.
- 62.
Council of the European Union (2012), para 27.
- 63.
For this achievement, Maersk was awarded the Environmental Protection award at Lloyd’s List Asia Awards in 2010. Moller-Maersk Group nd. Although Maersk operates a large fleet of (mainly) container ships, usually only three or so are sent directly to the breakers each year; many ships are sold to other operators before they reach their retirement age.
- 64.
Garfield (2010).
- 65.
Safety4Sea (2011).
- 66.
Although the transfer notes do not actually provide evidence of the final and environmentally safe disposal of the waste, it is as close as one might obtain without actually imposing upon Chinese national sovereignty. Comments arising in discussions with Sea2Cradle representative 2.5.2012.
- 67.
Wilhelmsen nd.
- 68.
DSDF is an abbreviation of Det Forenede Dampskibs-Selskab (The United Steamship Company), a major Danish ferry company.
- 69.
Amongst the minimal standards compiled by the Association are requirements for the A level members to have valid ship recycling permits issued by the appropriate state authority; adhere to the guidelines as issued by the IMO, the ILO and the Basel Convention, which must be covered by laws of the state that are compliant to those guidelines; provide suitable barriers to prevent all aspects of the environment from the release of pollution; adequate control for the collection and disposal of hazardous materials and wastes; the provision of proper PPE, training, accommodation and emergency services for the workers. International Ship Recycling Association (2008).
- 70.
The ISRA has members located in China, Turkey, USA and the Netherlands.
- 71.
The Maritime Executive (2011).
- 72.
The Maritime Executive (2011).
- 73.
A schematic of the project on the company’s website shows a ship being winched stern first up the sloping floor of a dry dock. Dock gates are then closed behind the bows of the ship and the floor is raised until level. The ship is then progressively cut into tranches, each one being carried out of the dock on a wheeled vehicle to a row of cranes behind the dock where the tranches are further demolished. Patent requested. GreenDock nd.
- 74.
KEMA is a global energy consultancy based in Arnhem, Netherlands offering consultancy, operational support, testing and certification services.
- 75.
- 76.
GreenDock response to the public consultation to the 2007 Green Paper. European Commission (2009).
- 77.
A further 67 % of the yard is owned by Dalian Shipbuilding, and the remaining 15 % owned by Angang Steel.
- 78.
China Shipping (Group) Company (2012).
- 79.
European Commission (2012b), p. 3.
- 80.
McCarthy (2012b), p. 3.
- 81.
Shipping World and Shipbuilder (2012), p. 8.
- 82.
Cork Chamber (2013).
- 83.
Leach (2010).
- 84.
Fairplay (2012), p. 29.
- 85.
European Commission (2009).
References
Blanco S (2012) EU regulatory review. In: 7th annual ship recycling conference, June 2012, London
Centre for International Environmental Law (2012) Legality of the EU Commission proposal on ship recycling. December 2012, Geneva
China Shipping (Group) Company (2012) PIL moves into yard game. www.ssoa.org.cn/en/home/shippingnews/24715.shtml. Accessed 4 Apr 2012
Cork Chamber (2013) CEMS-D announces plans to develop ship dismantling and recycling facility. www.corkchamber.ie/news/2013/03/26/CEMSDALIAN-ANNOUNCES-PLANS-TO-DEVELOPDISMANTLING-AND-RECYCLING-FACILITY. Accessed 20 Mar 2013
Council of the European Union (2012) Opinion of the Legal Service 16995/12 28 November 2012
COWI, Lithauz (2008) Study on the certification of ship recycling facilities. Final report. EMSA, Lisbon
Eason C (2013) Shipping rallies against Brussels ship-recycling tax. Lloyd’s List, 19 April 2013, London
European Commission (2007) Green paper on better ship dismantling. COM(2007) 269 final
European Commission (2009) Details of EC (and other) documentation on ship dismantling. http://ec.europa.eu/environment/waste/ships/index.htm. Accessed 20 Nov 2009
European Commission (2010) An assessment of the link between the IMO Hong Kong Convention for the Safe and Environmentally Sound Recycling of Ships, the Basel Convention and the EU Waste Shipment Regulation. Communication from the European Commission to the Council COM(2010)88 final
European Commission (2012a) Proposal for a Council decision requiring Member States to ratify or to accede to the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships 2009, in the interests of the European Union. (Explanatory memorandum) COM(2012) 120 Final
European Commission (2012b) Proposal for a Regulation of the European Parliament and of the Council on ship recycling. Explanatory memorandum COM(2012) 118 Final
European Council (2012c) Commission staff working document. Impact assessment accompanying the document Proposal for a Regulation of the European Parliament and of the Council on ship recycling. SWD(2012) 47 Final. 23 February 2012, Brussels
European Maritime Safety Agency Ship Recycling Workshop (2011) 27–28 June 2011, Lisbon
European Parliament (2009) European Parliament resolution of 26 March 2009 on an EU strategy for better ship dismantling. Preliminary
Fairplay (2012) Japan offers to raise Alang standards. Fairplay, 1 March 2012, London
Galley M (2013) Hazardous materials in shipbreaking – where do the liabilities lie? PhD research thesis, Southampton Solent University, Southampton
Garfield G (2010) Maersk Bets on its China recycling expertise. www.gmsinc.net/gms/news/tradewinds/Maersk%20bets%20on%20its%20china%20recycling. Accessed 30 Mar 2012
GreenDock (nd) GreenDock. www.greendock.nl/files/greendockfolder.pdf. Accessed 10 Apr 2012
Hintzsche W (2013) Shipowner’s perspective. Responsible recycling and the need for a level regulatory playing field. In: 8th annual ship recycling conference, 26–27 September 2013, London
Integrated Regional Networks (2010) Bangladesh: taking toxins out of ship-breaking. www.irinnews.org/Report/90376/BANGLADESH-Taking-toxins-out-of-ship-breaking. Accessed 15 April 2012
International Ship Recycling Association (2008) ISRA Standards for A members, including Annex 1 to Standards – Additional requirements for ISRA members. Adopted by the 2nd General Meeting of the ISRA, London March 31st 2008. www.isranetwork.com/mn_uploads/ISRA_additional_requirements_April_16th_2008.pdf. Accessed 1 Dec 2011
Krämer L (2012) The Commission proposal for a Regulation on ship recycling, the Basel Convention and the protection of the environment. 4 November 2012. www.shipbreakingplatform.org/shipbrea_wp2011/wp-content/uploads/2012/11/Ludwig-Kraemer-Legal-Analysis_EC-Proposal-ship-recycling-regulatio-Nov2012.pdf. Accessed 10 Sept 2013
Leach PT (2010) “K” Line to test ship-scrapping system. J Commerce [Online 9 March 2010]. www.joc.com/maritime/k-line-test-ship-scrapping-system. Accessed 18 Apr 2010
Moller-Maersk Group (nd) Our performance. www.maersk.com/Sustainability/Pages/OurPerformance. Accessed 30 Mar 2010
McCarthy L (2012a) Owners’ cash claw back blocks green recycling push. Lloyd’s List, 8 March 2012, London
McCarthy L (2012b) Calls for China to use shipbuilding facilities for recycling. Lloyd’s List, 8 March 2012, London
Messenger B (2013a) Ship recycling levy to undermine competitiveness of EU ports. Marine Insight, 2013. www.marineinsight.com/shipping-news/ship-recycling-levy-to-undermine-competitiveness-of-EU-ports/18.3.2013. Accessed 27 Mar 2013
Messenger B (2013b) EU ship recycling levy proposals. Waste Management World, 7 March 2013
Milieu Ltd. & COWI (2009) Study in relationship to options for new initiatives regarding dismantling of ships. Note on the ship dismantling fund. Pros and cons of the three options. Report for the European Commission
Mugdal S, Benito P, Kong MA, Dias D, Cerreño AM (2010) The feasibility of a list of ‘green and safe’ dismantling facilities and a list of ships likely to go for dismantling. Bio Intelligence Service for the European Commission (DG Env) Final 4 January 2010
Profundo (2013) Financial mechanisms to ensure responsible ship recycling. A research paper prepared for the NGO Shipbreaking Platform, 22 January 2013, Amsterdam
Protočnik J (2011) A more efficient clean up of the ship recycling industry. Speech given by the European Commissioner for Environment at the opening of the photo exhibition ‘Broken’ organised by the NGO Shipbreaking Platform, 8 February 2011, Brussels
Safety4Sea (2011) A new venture in green scrapping. www.safety4sea.com/pages/4898/3/-a-new-venture-in-green-scrapping. Accessed 31 Mar 2012
Shipping World and Shipbuilder (2012).Ship scrapping to keep Chinese yards in business. March 2012
The Maritime Executive (2011) Siba Ships and Saarland back US$300m green recycling initiative. www.maritime-executive.com/article/siba-ships-and-saarland-back-$330m-green-recycling-initiative. Accessed 1 Dec 2011
Wilhelmsen (nd) Green ship recycling. www.wilhelmsen.com/services/maritime/companies/barbership/Pages/greenshiprecycling. Accessed 7 July 2010
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Galley, M. (2014). Other Initiatives. In: Shipbreaking: Hazards and Liabilities. Springer, Cham. https://doi.org/10.1007/978-3-319-04699-0_7
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