Maritime University of Szczecin
Akademia Morska w Szczecinie
2010, 24(96) pp. 63–67 2010, 24(96) s. 63–67
Overview of international legal and technical regulations
for ship recycling
Przegląd międzynarodowych regulacji prawnych
i technicznych dotyczących recyklingu statków
Michał Molenda
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: michal.molenda@polsl.pl
Key words: ships, recycling, scrapping, waste, regulations, IMO Abstract
The article presents the main international legal regulations and technical requirements on ship recycling. The initial part of the article describes the international context of the genesis problem and the efforts of international institutions in regulating the practices associated with the disposal and recycling of ships. Later in the development of policies which set out the International Maritime Organization by the recycling of ships and briefly characterizes the main international regulations in this regard.
Słowa kluczowe: statki, recykling, złomowanie, odpady, regulacje prawne, IMO Abstrakt
W artykule przedstawiono główne międzynarodowe regulacje prawne i techniczne dotyczące recyklingu stat-ków. We wstępnej części artykułu opisano międzynarodowy kontekst problemowy i genezę starań instytucji międzynarodowych w zakresie regulacji praktyk związanych ze złomowaniem i recyklingiem statków. W dalszej części opracowania omówiono politykę, jaką Międzynarodowa Organizacja Morska prowadzi w zakresie recyklingu statków oraz krótko scharakteryzowano główne regulacje w tym zakresie.
Introduction
The subject of this article are the sole legal and technical regulations, that have arisen as a result of cooperation between institutions and international organizations interested in the process of ship recycling. National legislative acts and technical regulations on ship recycling were not covered by this study.
The eighties of last century was a period when developed countries introduce stricter regulations on environmental protection. As a result, this is an increase in the cost of storage and disposal of waste, particularly dangerous for health and the environment. This affects in obviously way for competitive potential of many businesses in these countries. Consequently, non-eco-producers begin
to looking for cheaper ways to getting rid of waste, particularly hazardous, and send them to countries where are not stringent rules on environmental protection.Such practices have led to the reaction of the international community and adopt a number of international instruments which regulate the practice of transboundary movements of waste. Complex solutions in this area governs the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes.
The problem of controlled and supervised manner of waste disposal also applies to ships (in particular large merchant ships, passenger craft, tankers, barges) which are out of exploatation. Ships may be not only a means of transporting waste, but also within the meaning of the Basel Convention as end of life in themselves be treated
as waste. These units, despite a number of international regulations so far apart are often in an inappropriate manner, in conditions that threaten not only the environment but also the lives and health of workers. The scale of risks is high. Each year, the scraps of the worlds approximately 700 large commercial ships, excluding warships. It is estimated that the total annual turnover of the industry are now about 1.5 billion dollars [1]. Currently, the world largest ship scraps are in Bangladesh, India and Pakistan. Scrapping in the Far East is economically viable because there are cheap labor and liberal approach to environmental issues and a lack of compliance with the basic principles of health and safety. As a result, there are recorded every year hundreds of wounded and killed [2]. The environmental situation is similar. Scrap yards in South Asia do not have the infrastructure to ecological, environmentally safe dismantling of ships. Few of them have facilities for the storage of waste. Hazardous substances penetrate directly into the water and ground. The scale of the environmental hazards decide in this case not only the quantity of dismantled and discarded in the world of individuals. The threat to determine potentially hazardous materials that may be on board the decommissioned ships. These include all kinds of oils, grease, liquids, chemicals, paints, varnishes, gases, PCBs, PCTs, PBBs, toxic materials, asbestos and a lot of other [3].
Countering the negative effects of improper disassembly and recycling requires not only technical solutions, but the regulations adopted and widely used at international level. Of the last few are developed a significant number of such arrange-ments. One of them is published in the last year in Hong Kong by the International Convention For The Safe And Environmentally Sound Recycling of Ships.
This convention is defined as the ship recycling activity of the full or partial dismantling of the ship in specialized plant dismantling for recovery of parts (components) and materials for reprocessing or reuse. At the same time taking care of hazardous materials and substances, including the associated operations, such as storage and processing compo-nents and materials on site. Recycling of ships within the meaning of the Hong Kong Convention does not include further processing or disposal of materials and substances in separate betting facilities outside the dismantling [4, 5]. Without a doubt, ship recycling contributes to sustainable development and is one of the most development- -friendly ways to ship exploited. Therefore parti-cularly important policy of the International
Maritime Organization on international practices in ship recycling.
International maritime organization’s policy on recycling of ships
Negative effects on the life and environmental consequences of uncontrolled destruction and dismantling ships for over 20 years, try to prevent the International Maritime Organization, which is a UN specialized agency, which deals only marine affairs, in particular, maritime safety and preventing marine pollution by ships [6]. With the problems of pollution deal one of this committees – Marine Environment Protection Committee (MEPC). The Convention on the International Maritime Organization (IMO) was adopted in Geneva in 1948. IMO, the main task is to develop and maintain a comprehensive regulatory frame-work for shipping to ensure the safety, environ-mental protection, inter technical cooperation and ensure the efficiency of transport [7].
Areas in which the IMO focus their attention in particular concern:
minimize use of hazardous materials in design, construction and maintenance of ships, without prejudice to their safety and efficacy;
identification of potentially hazardous materials on board ships and preparation of relevant documents, certificates (Green Passport);
preparation for recycling of ships in such a way as to reduce, as much as possible, risk to the environment and threat to the health and safety of life and material goods [8].
International Maritime Organization has based its policy on ship recycling on four basic principles: • Recycling of ships covers the whole life cycle.
Recycling can not be only a problem scrap yard. It should be taken into account at every stage of the ships life cycle – design, construction, operation and the final dismantling.
• Recycling of ships based on national deve-lopment strategies and poverty reduction, because this industry plays an important role in the labor market, it is also a significant source of raw materials.
• Recycling of ships is based on extensive cooperation between all stakeholders in the process of recycling ships – representatives of
governments, governmental and
non-governmental organizations, employees, owners, etc. Active participation of all stakeholders is essential for the sustainable development of the global ship recycling industry.
• Recycling of ships is an ongoing process and long term. Based on legislative achievements and experiences of the international community and it aims to provide sustainable development [9].
Implementation of IMO policy on ship recycling has led to a series of legislative acts, international treaties, which most often occur in form of conventions, resolutions and protocols, or codes. Basic international legal regulations for recycling of ships
The issue of recycling of ships was first raised by the International Maritime Organization (IMO) on 42th MEPC session in 1998. Since then it has become clear that the IMO has to play a significant role in this area. This role was not confined to propose international agreements and regulations related to the scrapping of ships. Due to the multi aspect of the problem had to rely also on the coordination of activities for the recycling of ships by other institutions and organizations.
Industry code of practice on ship recycling
This Code is one of the first documents on Ship Recycling, It was born in 1999, with the help of institutions such:
Baltic and International Maritime Council (BIMCO),
International Association of Dry Cargo Ship-owners (INTERCARGO),
International Association of Independent Tanker Owners (INTERTANKO),
International Chamber of Shipping (ICS), International Tanker Owners Pollution
Federa-tion (ITOPF),
International Transport Workers’ Federation (ITF),
Oil Companies’ International Marine Forum (OCIMF).
The Code was created as a response to then concerns about unsafe practices in the ship recycling in some of the world plants located in developing countries [3]. The Code sets out the measures and targets that companies should take into consideration during the preparations for the disposal of decommissioned ships. For this code refers to IMO Resolution A.962 (23).
Resolution A.962 (23) and resolution A.980 (24) guidelines for recycling of ships
Resolution of the International Maritime Organi-zations signature A.962 (23) with the 12/05/2003, contains guidelines on ship recycling (Guidelines
on ship recycling.) This resolution two years later was update Resolution A.980 (24) – Amendments to the IMO guidelines, the recycling of ships (Amendments to the IMO guidelines on ship recycling.). The guidelines contained in the resolution refer to the flag states, port, recycling, shipowners, shipbuilders and suppliers of equipment and appliances. They encourage the use of so-called. Best practices for recycling throughout the life cycle of ships. Through this resolution the International Maritime Organization engaged in ship recycling designers, shipyards, ship owners, plant dismantling and flag States.
The guidelines contained in the resolution are aimed at [10]:
promotion of recycling as the best way to exit the vessel,
establishment of regulations concerning the preparation of ships for recycling and minimizing the useing of potentially hazardous materials and reduction of waste during the operation of ships,
foster cooperation between institutions which are interesting in recycling ships,
promote and encourage all parties to the recycling of ships.
That resolution provides detailed guidelines for: identification of potentially hazardous materials
and substances on the ships,
obligation to hold by the ship (Green Passport) the document of containing information on materials deemed potentially dangerous used for the construction of the ship or this equipment and systems,
recycling procedures relating to the new ships, procedures relating to the recycling of ships are
already operational,
the process of preparing the Ship Recycling, the role of government and other authorities in
the resolution.
By means of Resolution A.962 (23) Inter-national Maritime Organization urged member governments to take urgent action in order to apply the guidelines contained in the resolution, in parti-cular to their dissemination among shipowners in the shipbuilding industry, as well as facilities related to the recycling of ships.
The basel convention-technical guidelines for the environmentally sound management of the full and partial dismantling of ships
Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes is the
most comprehensive global agreement on environ-mental protection and waste. The Convention aims to protect human health and the environment against adverse effects resulting from the produc-tion, management, transboundary movements and disposal of hazardous wastes and other [11].
The Basel Convention is closely connected with the process of ship recycling, as according to her ships decommissioned, sent to the scrap can be treated as cases of transportation of hazardous waste. The process of ship recycling should be compatible with the principles on which Convention is based, and they are:
1. Generation of hazardous wastes and other should be reduced to a minimum, both in terms of their quantity and potential hazard.
2. If the generation of hazardous wastes or other is unavoidable, they should be disposed of as close as possible to their source of manufacture. Export of hazardous waste is prohibited unless the exporting country has reason to believe that the importing country does not guarantee consistent with the interests of environmental protection to deal with them.
3. Each Each country has the sovereign right to prohibit the import of hazardous wastes or other. State availing itself of this right shall be obliged to notify other countries. No country can allow the transboundary movement of waste to that country, which banned imports.
4. Export or import of waste into the country, which is not a party to the Convention is in principle prohibited.
5. All transboundary movement of hazardous wastes or other are permitted only subject to the provisions of the Basel Convention.
6. Hazardous and other wastes transboundary movement need to be packaged, marked and transported in a manner consistent with international rules and standards [12].
Participants commitment to the Basel Conven-tion on ship recycling processes have been docu-mented Decision VI/24, which was taken at the sixth meeting of the Parties to the Convention in 2003, which provides technical guidelines for environmentally sound management of complete or partial dismantling of ships. This document provides detailed technical guidelines for the environmentally sound dismantling of ships originating materials. The guidelines include inter alia, the principles and describes the so-called. good environmental practices of ship dismantling, as well as design, construction dismantling facilities.
MEPC/Circ.419 – guidelines for the development of the ship recycling plan
The document of 12 November 2004, is a circular issued by the International Maritime Organization. It was developed by the MEPC. Contains technical and procedural guidelines for the preparation of the ship recycling plan (SRP). This circular deals with the requirements in carrying out the process of recycling and is directed to owners and recycling facilities, which together with the agreement should develop a plan for recycling. It should consist of three parts, i.e. [13]: • SHP – SHP Safety & Health Plan,
• ECP – Environmental Compliance Plan, • OP – Operational Plan.
In accordance with the guidelines of the recy-cling plan (SRP) should be built based on:
• “Green Passport” of the ship,
• Plans and technical drawings of the ship,
• IMO’s guidelines on ship recycling – Resolution A.962 (23),
• Guidelines of the International Labour Organi-sation – Safety and health in shipbreaking: Guidelines for Asian countries and Turkey (2003),
• The Basel Convention –Technical Guidelines for the Environmentally Sound Management of the Full and Partial Dismantling of Ships (2003).
The International Convention For The Safe And Environmentally Sound Recycling Of Ships
The International Convention For The Safe And Environmentally Sound Recycling Of Ships was adopt by the International Maritime Organisation in Hong Kong on 15 May 2009, currently is the process of its signature and ratification by member states. The Convention contains a set of guidelines and legally binding rules to ensure that the ships after decommissioning will not pose any undue risk to human life and health, safety of workers in the industry or the environment [14].
The Convention provides guidance for the industry in three main areas:
the design, construction, operation and prepara-tion of ships for recycling, recycling facilities, operation of ships in a safe and friendly
environment,
mechanism for enforcing the provisions of the Convention, including testing and certification, control and reporting [15].
Convention of Hong Kong do not concern to small ships, ie ships of less than 500 GT, warships,
naval auxiliary ships or other ships owned by or operated by the state, which are used exclusively in the service of non-commercial or domestic shipping ships. This new convention although not yet enacted already went through a series of critical comments. There are opinions that it constitutes a step backwards in the protection of the environ-ment in relation to provisions of the Basel Conven-tion. The Convention of Hong Kong is known as reward for a scrap yard in India, Pakistan and Bangladesh and it is also known as punishment for those companies that have invested in safer and more environmentally friendly methods. Sanctioned because the movement of toxic waste in the form of decommissioned ships to poor countries. According to authorities, the new IMO Convention is a good compromise because it evenly affect parties involved in the process of ship recycling [16]. Summary
Threats posed to the environment irresponsibly craft out of service are serious. Therefore, many international institutions deal with this problem. Among them, the leader the International Maritime Organization. Issues concerning end-of-life ships, dismantling and scrapping over the last several years went through a number of international regulations, both legal and technical. These questions sought to regulate in the form of codes, resolutions, guides, or as is currently the case – the convention. The guiding purpose of these regulations is to protect the environment. Big hopes in this regard, the international community has confidence in the new regulation – The Interna-tional Convention For The Safe And Environmen-tally Sound Recycling Of Ships. The effectiveness of the solutions contained in it is to be determined in a few years. The Convention is however a difficult task ahead. Indeed, it is not easy to reconcile the interests of the environment, human life and health of the economic interest of establishments which scrap ships and community interests deriving profits from these activities.
References
1. NETKA K.: Czy na Pomorzu powstanie przemysł recyklingu
statków i okrętów? Dziennik Bałtycki; www.dziennikbalty-cki.pl.
2. Environmentally hazardous ship dismantling in focus; http://www.se2009.eu/en/meetings_news/2009/8/4/environ mentally_hazardous_ship_dismantling_in_focus.
3. Industry code of practice on ship recycling; http://www. marisec.org/resources/shiprecylingcode.pdf.
4. Międzynarodowa Konwencja o Bezpiecznym i Ekologicz-nym Recyklingu Statków, IMO, Hongkong, 2009; http://ec. europa.eu/environment/waste/ships/pdf/Convention.pdf. 5. Ocena związku między Międzynarodową konwencją
o bezpiecznym i ekologicznym recyklingu statków przyjętą przez Międzynarodową Organizację Morską w Hong-kongu, konwencją bazylejską i rozporządzeniem UE w sprawie przemieszczania odpadów; http://eur-lex.europa. eu/LexUriServ/LexUriServ.do?uri=COM:2010:0088:FIN: PL:PDF.
6. www.prs.pl. 7. www.imo.com.
8. Sokratis Dimakopoulos; The Imo’s Work On Ship Recy-cling; http://www.imo.org/includes/blastdata.asp/doc_id= 4892/the%20imo.pdf.
9. The Global Programme for Sustainable Ship Recycling http://www.basel.int/pub/leaflets/leafShips.pdf.
10. Resolution A.962(23) IMO Guidelines on ship recycling; http://www.imo.org/environment/mainframe.asp?topic_id= 874
11. http://www.basel.int/.
12. Uregulowania prawne obowiązujące w ochronie środowi-ska; http://www.krakow.pios.gov.pl/raport98/rozdz_03. html.
13. Wytyczne do opracowania plau recyklingu statku; http://www.imo.org/includes/blastDataOnly.asp/data_id%3 D11102/419.pdf
14. World's first ship recycling convention adopted; http:// www.seatradeasia-online.com/News/4136.html.
15. Hong Kong Convention on Ship Recycling Adopted; http://www.hketousa.gov.hk/usa/press/2009/may09/051509 _1.htm.
16. Ship recycling convention adopted in Hong Kong; http://www.allbusiness.com/environment-natural-resources /toxic-hazardous/12395769-1.html.
Recenzent: dr hab. inż. Cezary Behrendt, prof. AM Akademia Morska w Szczecinie
