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Development of the International Convention for the Safe and Environmentally Sound Recycling of Ships

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Title: Development of the International Convention for the Safe and Environmentally Sound Recycling of Ships


1
Development of the International Convention for
the Safe and Environmentally Sound Recycling of
Ships
  • by Dr Nikos Mikelis
  • International Maritime Organization (IMO)

Promoting sustainable ship recycling through the
Global Programme - 13 January 2008, Dhaka,
Bangladesh
2
Structure of presentation
  • Background to the development of the new
    International Convention for the Safe and
    Environmentally Sound Recycling of Ships
  • Interagency co-operation
  • Structure of the new Convention
  • Elements and mechanisms of control and
    enforcement
  • Timetable for the development of the new
    Convention

3
1. Background to the development of the new
international Convention
  • MEPC 42 (November 1998) The issue of ship
    recycling is first brought to the attention of
    the IMO Marine Environment Protection Committee
  • MEPC 47 (March 2002) agrees that IMO should
    develop recommendatory guidelines to be adopted
    by an Assembly resolution
  • MEPC 49 (July 2003) finalizes the IMO Guidelines
    on Ship Recycling
  • Assembly 23 adopts on 5 December 2003 the IMO
    Guidelines on Ship Recycling by
    resolution A.962(23)
  • MEPC 53 (July 2005) agrees to develop new
    mandatory instrument on ship recycling
  • Assembly 24 adopts on 1 December 2005
    resolution A.981(24) instructing MEPC to develop
    a new legally binding instrument on ship
    recycling
  • Assembly 25 in November 2007 accepts the offer by
    China to host in Hong Kong the diplomatic
    conference in April (or May) 2009

4
1. Background to the development of the new
international Convention
  • Resolution A.981(24) states that the new
    instrument will regulate
  • 1 the design, construction, operation and
    preparation of ships so as to facilitate safe and
    environmentally sound recycling, without
    compromising their safety and operational
    efficiency
  • 2 the operation of ship recycling facilities in a
    safe and environmentally sound manner and
  • 3 the establishment of an appropriate enforcement
    mechanism for ship recycling (certification /
    reporting requirements).

5
1. Background to the development of the new
international Convention
  • MEPC 54 (March 2006) convenes a working group on
    ship recycling which develops the draft text
    submitted by Norway
  • a Correspondence Group continues the work
    intersessionally and reports to MEPC 55
  • MEPC 55 (October 2006) convenes a working group
    on ship recycling which further develops the
    draft text and guidelines. MEPC 55 formally
    requests the IMO Council to allocate a five-day
    international conference in the 2008-2009
    biennium to adopt the new Convention
  • a Correspondence Group continues the work
    intersessionally and reports to the 2nd ISRWG
  • the 2nd ISRWG (May 2007) continues the work and
    reports to MEPC 56
  • MEPC 56 (July 2007) convenes a working group and
    continues the work
  • the 3rd ISRWG is scheduled to be held in Nantes,
    France to continue the work and to report to MEPC
    57 (March/April 2008).

6
2. Interagency co-operation
  • The International Labour Organization (ILO) is
    the specialized agency mandated to set standards
    on occupational safety and health (OSH) for all
    workers
  • ILO has adopted various Conventions and
    Recommendations, including in March 2004 the
    ILO Guidelines on Safety and Health in
    Shipbreaking Guidelines for Asian countries and
    Turkey

7
2. Interagency co-operation
  • Basel Convention (on the Control of Transboundary
    Movements of Hazardous Wastes and their Disposal)
    regulates the transboundary movement of hazardous
    and other wastes
  • The Convention has competence and expertise on
    the environmentally sound management of hazardous
    and other wastes and their disposal, and has
    experience relevant to the design and operation
    of ship recycling facilities.
  • Basel Convention developed and approved on 13
    December 2002 the
    Technical
    Guidelines for the Environmentally Sound
    Management of the Full and Partial Dismantling of
    Ships

8
2. Interagency co-operation
  • The three Organizations co-operate through the
    Joint ILO/IMO/BC Working Group on Ship Scrapping
  • The aim of the JWG is to avoid duplication of
    work and overlapping of roles responsibilities
    and competencies, and also to identify any
    further needs. The JWG is not a forum for a joint
    development of the Convention on ship recycling.
  • The first session of the JWG was held at IMO in
    February 2005 and the second session was hosted
    by the Basel Convention in December 2005. ILO
    will host the third session at the end of October
    2008.
  • The JWG has compared the technical guidelines of
    the three organizations has encouraged
    collaboration in technical cooperation
    activities and has identified activities that
    could promote implementation of the guidelines.

9
3. Structure of the new Convention
  • The draft Convention presently includes
  • 21 Articles (explicit amendments procedure)
  • 26 regulations (tacit amendments), divided in
    four chapters
  • general
  • requirements for ships
  • requirements for recycling facilities
  • reporting requirements
  • 7 appendices (tacit amendments)
  • Also 6 voluntary guidelines are being developed
    providing clarifications, interpretations, and
    uniform procedures for technical issues arising
    from the provisions of the Convention.

10
DRAFT INTERNATIONAL CONVENTION FOR THE SAFE AND
ENVIRONMENTALLY SOUND RECYCLING OF SHIPS
  • ARTICLES
  • 1 General obligations
  • 2 Definitions
  • 3 Application
  • 4 Controls related to ship recycling
  • 5 Survey and certification of ships
  • 6 Authorization of ship recycling facilities
  • 7 Exchange of information
  • 8 Inspection of ships
  • 9 Detection of violations
  • 10 Violations
  • 11 Undue delay of ships
  • 12 Communication of information
  • 13 Technical assistance and co-operation
  • 13 bis Implementation
  • 14 Dispute settlement
  • 15 Relationship with international law and other
    international agreements
  • 16 Signature, ratification, acceptance, approval
    and accession
  • 17 Entry into force

11
DRAFT INTERNATIONAL CONVENTION FOR THE SAFE AND
ENVIRONMENTALLY SOUND RECYCLING OF SHIPS
  • ANNEX
  • CHAPTER 1 - GENERAL PROVISIONS
  • Reg.
  • 1 Definitions
  • 2 General Applicability
  • 3 Exceptions
  • CHAPTER 2 - REQUIREMENTS FOR SHIPS
  • Part A Design, construction, operation and
    maintenance of ships
  • 4 Controls of ships hazardous materials
  • 5 Inventory of Hazardous Materials
  • 6 Procedure for proposing amendments to
    Appendices 1 and 2
  • 7 Technical Groups
  • Part B Preparation for ship recycling
  • 8 General requirements
  • 9 Ship Recycling Plan
  • 10 Ready for recycling

12
DRAFT INTERNATIONAL CONVENTION FOR THE SAFE AND
ENVIRONMENTALLY SOUND RECYCLING OF SHIPS
  • ANNEX (continued)
  • CHAPTER 3 - REQUIREMENTS FOR SHIPS RECYCLING
    FACILITIES
  • 16 Controls on ship recycling facilities
  • 17 Authorization of ship recycling facilities
  • 18 General Requirements
  • 19 Recycling Facility Management Plan
  • 20 Prevention of accidents
  • 21 Safe and environmentally sound removal and
    management of hazardous materials
  • 22 Emergency preparedness and response
  • 23 Worker safety and training
  • 24 Reporting on incidents and chronic effects
  • CHAPTER 4 - REPORTING REQUIREMENTS
  • 25 Initial notification and reporting
    requirements
  • 26 Reporting upon completion

13
DRAFT INTERNATIONAL CONVENTION FOR THE SAFE AND
ENVIRONMENTALLY SOUND RECYCLING OF SHIPS
  • ANNEX (continued)
  • APPENDICES
  • Controls of hazardous materials
  • 1 Controls of hazardous materials
  • Minimum list of items for the Inventory of
    Hazardous Materials (for new ships and new
    installations)
  • Forms of relevant Certificates and other
    documents
  • Form of the International Certificate on
    Inventory of Hazardous Materials
  • Form of the International Ready for Recycling
    Certificate
  • Form of the authorization of Recycling Facilities
  • Form of the Statement of Completion of ship
    recycling
  • Reporting format to be developed

14
DRAFT LIST OFGUIDELINES FOR THE SHIP RECYCLING
CONVENTION
  • Guidelines for ships
  • 1 Guidelines for the Inventory of Hazardous
    Materials
  • 2 Guidelines for Survey and Certification
  • 3 Guidelines for Inspection of Ships
  • Guidelines for ship recycling facilities
  • 4 Guidelines for the Authorization of Ship
    Recycling Facilities
  • 5 Guidelines for Safe and Environmentally Sound
    Ship Recycling
  • 6 Guidelines for the Development of the Ship
    Recycling Plan

15
The Convention Article 3 Application
  • applies to ships entitled to fly the flag of a
    Party
  • applies to ship recycling facilities operating
    under the jurisdiction of a Party
  • does not apply to warships etc
  • does not apply to ships below 500 GTHowever,
    Parties shall adopt measures ensuring that ships
    act in a manner consistant with the Convention,
    as far as reasonable and practicable.
  • no more favourable treatment of non-Party ships

16
Fundamental obligations of a Party fundamental
rights of a Party
  • Fundamental obligations
  • to ensure compliance for its ships by survey and
    certification (Article 5)
  • to ensure compliance for its ship recycling
    facilities by authorization (Article 6)
  • Fundamental rights
  • to inspect ships in its ports (PSC) (Article 8)
  • to be informed on the basis for the authorization
    of facilities (by other Parties) (Article 7)

17
A comprehensive system for detection of
violations and follow-up actions
  • Articles 9 and 10
  • co-operation amongst Parties
  • investigation and gathering of evidence
  • initiate proceedings
  • information to Parties involved
  • establish sanctions which are adequate in
    severity to discourage violations of the
    Convention

18
Article 12 Communication of information
The purpose of this article is to provide
dissemination of information which will
facilitate the implementation of the Convention.
Article 13 Technical assistance and co-operation
Technical co-operation may play an important role
in fulfilling the purpose of the Convention
19
Increased transparancy
  • Option 1Not to include a specific clause on
    implementation, but just to benefit from
    Resolutions A.973(24) and A.974(24) as
    appropriate and as may be amended in the future.
  • Option 2 (preferred for the moment)To include an
    article addressing the implementation of the
    Convention. Article 13bis Implementation
  • Text alternative 1 (specific)
  • Text alternative 2 (generic)

20
Article 17 Entry into force
To be decided at the diplomatic conference
Article 18 Amendments
  • Articles explicit acceptance procedure
  • regulations tacit acceptance procedure
  • Appendices tacit acceptance procedure

21
The regulations Chapter 2 Requirements for
Ships
  • Part A Design, Construction and maintenance of
    ships
  • regulation 4 - Controls of ships hazardous
    materialsProhibition and/or restriction on ships
    and at ports and yards (in accordance with
    appendix 1)
  • regulation 5 - Inventory of Hazardous
    MaterialsInventory of Hazardous Materials (Part
    I) verified by the Administration. Difference
    between new and existing ships.

22
Chapter 2 - Requirements for Ships
  • Part B - Preparation for ship recycling
  • regulation 8 - General requirements
  • choose a facility authorized to recycle your ship
  • provide the facility with the relevant
    information, complete the inventory and acquire
    the Ready for Recycling Certificate
  • Option Parties may through bilateral agreements
    also allow ships to use (compliant) facilities
    under the jurisdicton of non-Parties
  • regulation 9 - Recycling Plan
  • to be developed by the ship recycling facility in
    consultation with the shipowner
  • in the language accepted by the Party of the
    facility and if its not English, French or
    Spanish, the plan shall be translated into one of
    these languages.

23
Chapter 2 - Requirements for Ships
  • Part B Surveys and certification
  • regulation 11 - Surveys
  • initial survey for new ships before the ship
    enters into service, for existing ships before
    the inventory is issued
  • periodical surveys, on the basis of a five
    yearly cycle, verifying continuing compliance
    with the Convention and ensuring that any
    relevant alterations are reflected on the
    inventory
  • additional surveys, which the shipowner may
    request to take place at his option after
    alterations to the structure, machinery or
    equipment of the ship and
  • a final survey prior to the ship being taken out
    of service, so that all three Parts of the
    inventory are completed and checked, the
    Recycling Plan is examined and checked against
    the inventory, and the Ready for Recycling
    Certificate is issued.
  • Surveys may be conducted by officers of the flag
    Administration, or by surveyors nominated by the
    Administration, or by surveyors of a Recognized
    Organization.

24
Chapter 2 - Requirements for Ships
  • Part B Surveys and certification
  • regulation 12 Issuance and endorsement of
    certificates
  • International Certificate for a ship Inventory of
    Hazardous Materials for new ships before the
    ship enters into service for the first time
  • for existing ships shall be issued following
    the survey of an initial and final survey which
    are conducted at the same time.
  • International Ready for recycling Certificate,
    shall be issued after the final survey.

25
Chapter 3 Requirements for ship recycling
facilities (1)
  • regulation 16 - Controls on ship recycling
    facilitiesAddresses the system a Party has to
    establish for controls on ship recycling
    facilities, e.g. legislation, mechanism for
    authorizing facilities, contact points
  • regulation 17 - Authorization of ship recycling
    facilitiesAddresses the system for authorization
    of ship recycling facilities. Verification of
    documentation and site inspection. Includes a
    possibility for delegation to an RO, and
    addresses the period of validity of the
    authorization.
  • regulation 18 - General RequirementsThe facility
    shall only recycle ships it is authorized for
    shall have the documentation available and shall
    issue a statement of completion when the ship is
    dismantled.

26
Chapter 3 Requirements for ship recycling
facilities (2)
  • regulation 19 - Recycling Facility Management
    PlanRequirements for a management plan which
    i.a. includes
  • identification of roles and responsibilities
  • a programme for training of workers
  • an emergency preparedness and response plan
  • monitoring and record keeping
  • regulation 20 - Prevention of accidentsAddresses
    i.a. establishing procedures for ensuring
    gas-free-for-hot-work conditions.
  • regulation 21- Safe and environmentally sound
    removal and management of hazardous
    materialsIncludes the general requirement and
    specific provisions for specific materials. The
    requirements do not go beyond the facility (the
    site).

27
Chapter 3 Requirements for ship recycling
facilities (3)
  • regulation 22 - Emergency preparedness and
    responseA plan and specific requirements related
    to equipment, information and procedures.
  • regulation 23 - Worker safety and
    trainingTraining programme (workers need to be
    trained prior to performing any ship recycling
    operation) and specific requirements for personal
    protective equipment.
  • regulation 24 - Reporting on incidents and
    chronic effectsReporting on incidents to the
    competent authority and information on response
    action taken.

28
Chapter 4 - Reporting requirements
  • The purpose of reporting is to support the
    enforcement system of the Convention.
  • Reporting ensures that the draft Convention has a
    very high level of Control.
  • 1. Notification
  • Shipowner notifies the Administration of the
    intent to recycle
  • Facility notifies the competent authority of the
    intent to recycle
  • 2. Reporting
  • When the ship has the Ready for Recycling
    Certificate, the facility reports to the
    competent authority on the planned start of the
    recycling.
  • 3. Statement of Completion
  • Upon completion of recycling the facility issues
    a statement of completion and reports to the
    competent authority
  • Copy of SOC to the flag Administration

29
4. Elements and mechanisms of control and
enforcement
  • The following elements are introduced by the
    Convention
  • Inventory of hazardous materials, and associated
    International Certificate for a Ship Inventory
    of Hazardous Materials
  • surveying regime, presently envisaging an initial
    survey, surveys during the life of the ship, and
    a final survey prior to recycling
  • Ship Recycling Plan, developed by the recycling
    yard to specify the manner a ship will be
    recycled, depending on its inventory
  • International Ready for Recycling Certificate,
    issued to the ship following its final survey
  • Authorization of recycling facilities by the
    competent authorities in their States, in
    accordance with the requirements of the
    Convention and
  • Statement of Completion of Ship Recycling,
    issued by the recycling facility reporting
    completion of recycling of a ship to the
    recycling State authorities and to the flag
    Administration.

30
4. Elements and mechanisms of control and
enforcement
  • The following mechanisms are created by the draft
    Convention using the elements of control
  • Flag State obligations control and
    enforcement system based on a survey and
    certification regime, ensuring that a Party to
    the Convention takes effective measures for ships
    flying its flag to comply with the requirements
    of the Convention
  • Port State control rights a port State
    control regime ensuring that ships of other
    Parties and ships of non-Parties comply with the
    Convention during their operating life

31
4. Elements and mechanisms of control and
enforcement
  • A Party and its recycling facilities Parties
    required to take effective measures to ensure
    recycling facilities under their jurisdiction
    comply with the Convention. An authorization
    regime for ship recycling facilities is
    established
  • Communication and exchange of information to
    ensure implementation of the Convention, it is a
    right of a Party to request information of
    another Party on the basis on which it has
    provided authorisation of a recycling facility.
    Parties are also required to submit to
    IMO, for dissemination to other Parties, lists of
    authorized recycling facilities and other
    information which may assist enforcement and
    monitoring of implementation of the Convention

32
4. Elements and mechanisms of control and
enforcement
  • Reporting at the end of life a proposed
    reporting system ensures that Parties (either as
    flag States or as recycling States) can control
    and intervene in the relevant phases prior to
    recycling.
  • Detection of violations the draft Convention
    establishes provisions for the detection and the
    investigation of alleged violations, and on how
    Parties shall cooperate. Requirements are also
    set for the establishment of sanctions under the
    national law of Parties and
  • Auditing implementation a system for auditing
    the implementation of the Convention is included
    in the draft Convention.

33
5. Timetable for the development of the new
Convention
34
Development of the International Convention for
the Safe and Environmentally Sound Recycling of
Ships
  • Thank you for your attention

Promoting sustainable ship recycling through the
Global Programme - 13 January 2008, Dhaka,
Bangladesh
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