Maritime University of Szczecin
Akademia Morska w Szczecinie
2010, 23(95) pp. 62–66 2010, 23(95) s. 62–66
European Union policy on end-of-life vessels
Polityka Unii Europejskiej w zakresie statków wycofanych
z eksploatacji
Patrycja Hąbek
Silesian University of Technology, Faculty of Organisation and Management, Institute of Production Engineering
Politechnika Śląska w Gliwicach, Wydział Organizacji i Zarządzania, Instytut Inżynierii Produkcji 41-800 Zabrze, ul. Roosevelta 26, e-mail: patrycja.habek@polsl.pl
Key words: dismantling, scrapping, regulations, Green Paper, the EU strategy Abstract
The article presents problems of end-of-life vessels and actions undertaken at the European Union level, concerning dismantling of the ships. The introduction outlines the problem, then appears a review of regulations in the scope of ship dismantling, in particular European Community law on waste. Next part of this article discusses two documents, which are relevant to the policy pursued in the EU aimed at improving ship dismantling conditions.
Słowa kluczowe: demontaż, złomowanie, regulacje prawne, Zielona Księga, strategia UE Abstrakt
W artykule przedstawiona została problematyka statków wycofanych z eksploatacji oraz działań podejmowa-nych na poziomie Unii Europejskiej, a dotyczących demontażu statków. We wstępie zarysowano problem, następnie dokonano przeglądu regulacji prawnych w zakresie demontażu jednostek pływających, zwłaszcza prawa wspólnotowego dotyczącego odpadów. W dalszej części artykułu omówiono dwa dokumenty, istotne z punktu widzenia polityki realizowanej w UE, dotyczące poprawy warunków w jakich odbywa się rozbiórka statków o zakończonym życiu eksploatacyjnym.
Introduction
Europe has 70 000 km of coastline bordering with two oceans and four seas: the Atlantic and Arctic Ocean, the Baltic, North Sea, the Mediterra-nean and Black Sea. Maritime regions in the Euro-pean Union account for about 40% of its GDP and population. Prosperity of Europe is inextricably linked with the sea. Seaports and shipping allow Europe to benefit from the rapid growth of interna-tional trade and play a leading role in the global economy [1].
Every year around the world between 200 to 600 large end-of-life ships are scrapped and recycled as their steel, other scrap metal and equipment consti-tute valuable raw materials. Currently, most of the dismantling takes place in South Asia, directly on
beaches, in primitive conditions. Ship recycling industry provides thousands of jobs but the lack of environmental protection and safety measures leads to a high number of accidents, endangering the health and cause extensive pollution of coastal areas. Old ships contain significant quantities of hazardous materials and substances, including asbestos, polychlorinated biphenyls (PCBs), tribu-tyltin and large quantities of oil, oily sludge and heavy metals (in paints and equipment) [2].
In the period from 1978 to 2007 the ship scrap-ping market was dominated by India, one in every three ships were scrapped there, followed by Ban-gladesh with 16% and China, 12% (Fig. 1). The demolition location is unknown for one out of every five ships scrapped due to the problem of obtaining accurate data [3].
As many ships sail under the flag of European Union member states and, even more are owned by European companies the situation of their disman-tling is of concern to the EU [2]. In conclusions from 20 November 2006 the EU Council concluded that the environmentally sound management of ship dismantling is one of the priority tasks of the Euro-pean Union. The Council noted that forecasts of tonnage of ships to be dismantled in the near future, require from the international community, includ-ing the EU, to undertake urgent and appropriate actions [4].
Fig. 1. Ship scrapping locations, 1978–2007 [3]
Rys. 1. Lokalizacje złomowania statków w latach 1978–2007 [3]
The established policy of the EU rests on “the polluter pays principle” in these matters. Due to the ease of sale and reflagging of the movable asset there is a limited legal obstacle and a considerable economic incentive to choose an Asian recycling yard. In addition to awareness raising in the indus-try, a few specific technical assistances, such as certification and labeling of yards, and utilization of a number of existing EU programmes for industrial R&D and regional or local development, what is needed is the emergence of a market for safe and environmentally sound recycling. Commercial market for green recycling of merchant vessels will only appear once the cost difference between the Asian beaching facilities and the acceptable facili-ties is decreased [5].
Existing EU legislation in the scope of ship dismantling
A broad range of EU legislation is applicable to end-of-life ships where it sets up binding envi-ronmental and safety requirements related to the
dismantling activities themselves as well as the transfer of end-of-life ships for dismantling from and to the EU[5].
The Community waste legislation applies to the management of ships which have become waste. The Waste Framework Directive (Directive 2006/12/EC on waste [6]), sets out a number of requirements, including safeguards for environ-mental protection during recovery or disposal, planning and permitting requirements, record – keeping and periodic inspections. This directive also lays down the definition of „waste‟ in its Article 1(a) as “any substance or object in the cate-gories set out in Annex I which the holder discards or intends or is required to discard”.
The shipment of end-of-life vessels within the EU or between its Member States and third coun-tries are currently regulated by Regulation (EC) No. 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste [7] (Waste Shipment Regulation)1. The Waste Ship-ment Regulation determines which procedures to apply before a waste can be shipped within, into and out of the Community and is largely based on the United Nations‟ Basel Convention2, as amen-ded3 and the OECD Decision C (2001)107 on revi-sion of decirevi-sion C (92)39/final on the control of transboundary movements of waste destined for recovery operations [5].
The United Nation‟s Basel Convention was adopted on 22 March 1989 to set up a framework for controlling the movement of hazardous wastes across international frontiers. The European Com-munity as a whole is a party to the Basel Conven-tion, as are all the Member States. An absolute ban on exports of hazardous waste from OECD coun-tries to non-OECD councoun-tries was adopted in 1995
1 In 2009 it was published Commission Regulation (EC)
No 308/2009 of 15 April 2009 amending, for the pur-poses of adaptation to scientific and technical progress, Annexes IIIA and VI to Regulation (EC) No. 1013 / 2006 of the European Parliament and of the Council on shipments of waste, http://eur-lex.europa.eu/Notice.do? mode=dbl&lang=en&ihmlang=en&lng1=en,pl&lng2= bg,cs,da,de,el,en,es,et,fi,fr,hu,it,lt,lv,mt,nl,pl,pt,ro,sk,sl, sv,&val=493359:cs&page=; 13.03.2010
2 The Basel Convention of 22 March 1989 on the control
of transboundary movements of hazardous wastes and their disposal.
3 Council Decision of 22 September 1997 on the
ap-proval, on behalf of the Community, of the amendment to the Convention on the control of transboundary movements of hazardous wastes and their disposal (Basle Convention), as laid down in Decision III/1 of the Conference of the Parties (97/640/EC).
Bangla-desh 16% China 12% Europe 3% India 33.4% North America & Pacific 0.8% Other Asia 5.4% Pakistan 3.2% South & Central America 0.7% Turkey 4.7% Unknown 20.5% Africa Middle East 0.3%
as an amendment to the Basel Convention. The ban was introduced due to political concerns raised both by developing and developed countries regarding the increased amounts of hazardous waste being exported from developed countries to developing countries and then managed in an uncontrolled and risky manner. This “Basel ban” was incorporated into EU legislation in 1997 and is binding on all Member States [4].
To sum up, the Community legislation on waste, in particular the Waste Shipment Regulation, sets the requirements at EU level for management and shipments of end-of-life vessels. The export from Member States to non-OECD countries of end-of-life vessels considered as hazardous waste is banned according to the United Nations‟ Basel Convention as amended. The ban is legally binding in the EU according to the Waste Shipment Regula-tion. It follows from Article 1(a) of Directive 2006/12 on waste and Article 2(a) of the Regulation that a ship becomes waste when it is discarded or is intended or required to be discarded – meaning from the moment that it is the intention of the own-er not to use it as a ship anymore. A ship destined for dismantling is thus to be considered a waste. Whether the end-of-life ship is considered as “ha-zardous waste” depends on the vessel‟s contents of hazardous substances, and whether it has been “properly emptied” of such substances [5].
Green Paper on better ship dismantling
Green Paper on better ship dismantling presents basic facts concerning the dismantling and explains the related problems. More detailed information contains its annex. The fundamental problem of ship dismantling is a waste management. For its solution, the Commission proposes the adoption of international conventions (tentatively called the Convention on ship recycling) and recognizes International Maritime Organization (International Maritime Organisation – IMO) the most appro-priate forum for a global solution to the problem. After the eventual adoption of the Convention, its provisions will be incorporated into Community legislation [8].
The IMO Convention for the Safe and Environ-mentally Sound Recycling of Ships is to regulate matters related to the design, construction, opera-tion and preparaopera-tion of ships to facilitate their future safe and environmentally sound recycling, without compromising on safety and operational efficiency (ship easy to dismantling and scrapping), describe the process of preparing the ship for recy-cling through its entire “life”, to make the list –
inventories of hazardous materials used on board and controlled by the Convention, facilitate the recycling in a safe and environmentally sound way, by establishing regulations for scrap yards, and establish appropriate mechanisms for the recycling of ships – inspection and certification, standard formats of certificates for ships, requirements for reporting, etc.) [9].
Green Paper on better ship dismantling consists of four chapters. The first one contains an introduc-tion to the major issues, where the problem of ship dismantling and the European contribution to its solution was discussed. Among the key issues raised in the Green Paper, there are such topics as: the legal situation and the economic aspects of ship dismantling, environmental impact and social con-sequences and the international situation in this regard. The third chapter presents options for im-proving management of ship dismantling in Europe. Proposals contained in this section are:
better enforcement of EU waste shipment law; international solutions (international Convention
is essential for solving the problem globally); strengthening EU ship dismantling capacity; technical assistance and transfer of technology
and best practices to recycling states; encouraging voluntary action; ship dismantling fund;
and other options, among them establishment of a European certification system for clean ship dismantling and awards for exemplary green re-cycling. Apart from this, early action by ship-owners, recycling facilities and other stakehold-ers towards safe and pollution-free practices in ship dismantling could be encouraged by a green label or human health and safety award scheme. In addition, a public register of clean facilities could give guidance to ship-owners.
The last chapter of the Green Paper presents European Commission‟s conclusion to Member States, stakeholders and the public for consultation in the process of ship dismantling.
This Green Paper attempts to come up with fresh ideas on ship dismantling, in order to continue and intensify the dialogue with Member States and stakeholders and prepare the ground for future ac-tion in the context of EU policies, including the future Maritime Policy [4].
In resolution of 21 May 2008 on the Green Pa-per on better ship dismantling European Parliament inter alia:
Strongly recommends that EU efforts aim at safeguarding minimum standards ensuring the
highest environmental, health and safety protec-tion and comprising in particular regulaprotec-tions for the design and construction of ships, their opera-tion, the preparation of ships for recycling, the operation of ship recycling facilities and the establishment of an appropriate enforcement mechanism for ship recycling, incorporating certification and reporting requirements.
Calls upon the Commission to compile and maintain a list of seagoing ships which are likely to be scrapped within a few years and to envi-sage mechanisms whereby such ships are consi-dered as “pre-waste ships” for which a disposal plan needs to be drawn up prior to selling for scrapping; calls on the Member States and port authorities, which must have the power to iden-tify “end-of-life” ships, to use this list to step up their monitoring of those ships, which could potentially be scrapped.
Supports initiatives at international level to achieve binding minimum standards on ship recycling and promote the establishment of clean recycling facilities with due consideration for working conditions and the associated health and safety issues, especially in the scrap yards of Southern Asia, so as to protect workers and the environment from the adverse impacts of ha-zardous waste and dangerous working practices. European Parliament recognizes that the EU is partly responsible for the existing social and envi-ronmental problems in the field of ship dismantling; therefore calls for immediate, concrete action on the part of the EU, in co-operation with the IMO, to stop the practice of social and environmental dumping that stems from economic incentives and to reach a globally sustainable solution [10].
European Union strategy for better ship dismantling
EU strategy for environmentally sound ship dismantling is an element of the Commission‟s Action Plan for An Integrated Maritime Policy for the European Union [1]. The general objective of an EU strategy on ship dismantling is to ensure that ships with a strong link to the EU in terms of flag or ownership are dismantled only in safe and envi-ronmentally sound facilities worldwide, in line with the draft Ship Recycling Convention. This includes as specific objectives: to prevent, in line with the EC Waste Shipment Regulation, the export of hazardous end-of-life ships from the EU to developing countries, and to reduce significantly and in a sustainable way the negative impacts of ship breaking, especially in South Asia, on human
health and the environment without creating un-necessary economic burdens.
To achieve the above objectives of the strategy, operational objectives were set:
Provide the necessary encouragement and guidance for the implementation of EC waste shipment law with regard to end-of-life ships, Work towards effective and early transposition
of the forthcoming international Ship Recycling Convention in the EU,
Assess the need and possible options to supple-ment the Ship Recycling Convention with the necessary measures to address negative impacts of ship dismantling that are not covered by the Convention and promote its practical effective-ness [11].
If the aim of ensuring safe and environmentally sound dismantling of European ships is to be achieved by the year 2015, an integrated policy approach is needed. Rules to implement key ele-ments of the envisaged Ship Recycling Convention and, if proven to be necessary, the possibility to supplement it, will have to be combined with mea-sures to encourage voluntary action by the shipping industry in the interim period and to improve en-forcement of current waste shipment law in relation to ships. Additionally the Commission proposes to start developing rules on ship recycling that trans-pose the essential Convention requirements for ships (surveys, certificates, Inventory of Hazardous Materials) and ship recycling facilities, as well as obligations for reporting and communication of information [11].
Conclusions
The vast majority of the demolition of the old, end-of-life vessels takes place in India and Bangla-desh, in dangerous conditions, threatening health, human life and the environment.
The movement of the ships destined for disman-tling (considered as hazardous waste) from indu-strialized countries to developing countries is under the international law and is inconsistent with the provisions of the Basel Convention. Transport from the European Community vessels containing hazardous materials is prohibited in the EC Regu-lation on shipments of waste (Waste Shipment Regulation).
The main problem of ship dismantling is a waste management. Old vessels are one of the major sources of hazardous waste shipped from the indu-strialized countries to developing countries [4].
The aim of EU strategy on ship dismantling is to ensure that vessels flying the flag of the European
Union or owned by European firms are dismantled worldwide at safe facilities and in compliance with environmental standards [11].
Law regulations are necessary but not sufficient condition to persuade the owners of the vessels to avoid their destruction in unsafe and illegal condi-tions. Furthermore it is necessary to implement economic incentives4 in order to minimize the dif-ference in the cost of breaking ships on Asian beaches and at safe, environmentally friendly recy-cling plants. An important aspect in the scope of ship dismantling is also to inform and raise aware-ness among companies, authorities in breaker coun-tries, employees and other stakeholders.
References
1. Commission Staff Working Document, Accompanying Document To The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: An Integrated Maritime Policy for the European Union, http://ec.europa.eu/maritimeaffairs/pdf/ActionPa-per/action_plan_en.pdf; 11.03.2010.
2. http://ec.europa.eu/environment/waste/ships/index.htm; 01.04.2010.
3. KNAPP S.,KUMAR S.N.,REMIJN A.B.: The Ship Recycling
Conundrum: An Econometric Analysis of Market Dyna-mics and Industry Trends, http://people.few.eur.nl/knapp/ EI%20Report%202007-52.pdf; 06.04.2010, p. 5.
4 Eg. Ship dismantling fund – See: Financing
environ-mentally sound scrapping and recycling of sea-going
ships; http://www.greenpeace.org/raw/content/india/
press/reports/the-ship-breaking-fund.pdf, 08.04.2010 and Study in relation to options for new initiatives
regarding dismantling of ships; http://ec.europa.eu/
environment/waste/ships/pdf/fund_note.pdf; 08.04.2010.
4. Green Paper on better ship dismantling, http://ec.europa.eu/ environment/waste/ships/pdf/com_2007_269_en.pdf; 29.03.2010, p. 3.
5. Ship Dismantling and Pre-cleaning of Ships, European Commission Directorate General Environment, final report, 2007, http://ec.europa.eu/environment/waste/ships/pdf/ship _dismantling_report.pdf; 07.04.2010, s. 12–13.
6. Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste, http://eur-lex.europa. eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:114:0009:00 09:EN:PDF; 14.04.2010
7. Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri= OJ:L:2006:190:0001:0001:EN:PDF; 12.07.2006.
8. ERECHEMLA A.: Przykłady wykorzystania prawa miękkiego
Unii Europejskiej w dziedzinie ochrony środowiska. Prawo i Środowisko, 2008, 3; http://lex.pl/czasopisma/pis/przy-klady.html; 17.03.2010
9. KOŁWZAN K.: Udział Polskiego Rejestru Statków SA w bezpiecznym i przyjaznym dla środowiska recyklingu statków. http://www.prs.pl/page826.html; 28.03.2010 10. European Parliament resolution of 21 May 2008 on the
Green Paper on better ship dismantling (2007/2279(INI)), http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P6-TA-2008-0222+0+DOC+XML+V0// EN; 19.11.2009.
11. Communication from the Commission to the European Par-liament, the Council, the European Economic and Social Committee and the Committee of the Regions: An EU Strategy for Better Ship Dismantling, http://eur-lex.europa. eu/LexUriServ/LexUriServ.do?uri=CELEX:52008DC0767 :EN:NOT; 06.04.2010.
Recenzent: dr hab. inż. Cezary Behrendt, prof. AM Akademia Morska w Szczecinie
