BC
UNEP/CHW/OEWG/5/2/Add.2
Distr.: General
29 March 2006
Original: English
Open-ended Working Group of the Basel Convention
On the Control of Transboundary Movements of
Hazardous Wastes and Their Disposal
Fifth session
Geneva, 3–7 April 2006
Item 4 (a) (iv) (b) of the provisional agenda
Implementation of the decisions adopted by
the Conference of the Parties at its seventh meeting:
Report to the Open-ended Working Group on Ship
dismantling: Environmentally sound management of ship dismantling
Report on developments in the Marine Environment
Protection Committee
1.
At its 24th session, the Assembly of the International Maritime Organization
(IMO), by its resolution A.981 (24),1 mandated the Marine Environment Protection
Committee (MEPC) to develop a new legally-binding instrument on ship recycling. In
its resolution, the IMO Assembly noted, among other things, the roles of the
International Labour Organization and the Basel Convention in matters related to ship
recycling. The Assembly requested MEPC to complete a draft of a new legally-binding
instrument for consideration and adoption during the biennium 2008–2009. The 54th
session of MEPC, held from 20 to 24 March 2006, provided the opportunity for the first
substantive consideration of a draft text for the new instrument that had been proposed
by Norway.2
2.
In his opening remarks at that session of MEPC, the IMO Secretary-General
“noted that the issue of ship recycling had become a growing concern, not only from
the environmental, but also from the occupational health and safety points of view”. He
also remarked that the Committee

UNEP/CHW/OEWG/5/1*.
UNEP/CHW/OEWG/5/INF/14.
2
This proposal by Norway, for an “International Convention for the Safe and
Environmentally Sound Recycling of Ships” had previously been circulated, as document
ILO/IMO/BC WG 2/INF.1, to the Joint ILO/IMO/Basel Convention Working Group on Ship
Scrapping, which was hosted by the Basel Convention secretariat from 12 to 14 December 2005.
1
K051001
300306
For reasons of economy, this document is printed in a limited number. Delegates are kindly requested to bring their
copies to meetings and not to request additional copies.
UNEP/CHW/OEWG/5/2/Add.2
“was at the forefront of the debate with the clear mandate to
develop a pragmatic, workable, effective and well-balanced
solution, taking into account the particular characteristics of
world maritime transport and the need to ensure that ships
reaching the end of their operational lives did so with maximum
respect for the health of those involved, the safety of the ships
concerned and the environment of the countries in which the
recycling activities took place. … [T]he Organization would
continue its close co-operation with ILO and the appropriate
bodies of the Basel Convention so as not only to serve the
purpose of this joint effort in the best interests of all sides
concerned, but also in order to avoid duplication of effort and
overlapping of responsibilities and competencies among the
three organizations”.3
3.
The IMO Secretary-General also announced that, as recommended by MEPC
and the Technical Cooperation Committee, and endorsed by the IMO Council, an
international ship recycling trust fund was being established and would become
operational in May 2006.
4.
The following issues related to ship recycling were on the agenda of the 54th
session of MEPC: consideration of the proposed draft for the new legally-binding
instrument submitted by Norway; consideration of initial proposals on associated
guidelines under the proposed legally binding instrument, submitted by Germany and
Japan; consideration of the report of the second session of the Joint ILO/IMO/Basel
Convention Working Group on Ship Scrapping.
5.
To address these issues, MEPC established a working group (“the Group”) on
ship recycling with a mandate, among other things:
(a)
To consider the proposed draft of the new legally-binding instrument;
(b)
To consider reporting systems, taking into account experience with prior
informed consent as established under the Basel Convention as well as other existing
reporting systems;
(c)
To consider the issue of a future meeting of the Joint ILO/IMO/Basel
Convention Working Group on Ship Scrapping and its objectives and future work
programme;
(d)
To develop a work programme for the further development of the draft
legally-binding instrument;
(e) To consider the need for an intersessional correspondence group, and if
agreed, develop draft terms of reference for such a group;
(f)
To submit a written report to MEPC on the above-named matters.
6.
The Group, meeting from 20 to 23 March 2006, conducted a paragraph-byparagraph review of the proposed text for the main body of the convention and of
sections A (general provisions) and B (requirements for ships) of the proposed
regulations. The Group discussed section C (requirements for ship recycling facilities),
but did not produce agreed text. There was some discussion concerning section D
(reporting requirements), but no agreed text was produced. The Group agreed to
postpone discussion of the preamble until a later stage.
7.
With regard to the proposed scope of application of the convention, there was
some discussion on proposed provisions excluding the application of the Convention to
warships, naval auxiliary or other ships owned or operated by a Party and used, for the
time being, only in non-commercial government service. While some States considered
this provision to be a prerequisite for early entry into force of the convention, others
3
Extracts from the opening remarks of the Secretary-General of the IMO are taken from
the draft report of the Marine Environment Protection Committee on its Fifty-fourth session
(MEPC 54/WP.10).
2
UNEP/CHW/OEWG/5/2/Add.2
considered that it was important to establish a single regime to regulate ship recycling
and that that objective would be undermined by such an exemption. The Group did not
reach an agreed conclusion on this question. The Group did agree, however, that the
convention would only apply to ships of an agreed minimum tonnage displacement,
although it did not discuss what such minimum tonnage should be.
8.
The group agreed that proposed regulations under section B, on requirements
for ship design, construction, operation and maintenance, would need further
development once the appendices were developed. It is anticipated that an appendix on
control of hazardous materials found on ships will be developed, identifying those
hazardous materials whose installation or use on ships would be prohibited or
restricted. The text proposes the establishment of technical groups to consider
amendments to the appendix on controls of hazardous materials found on ships. There
was some discussion in the Group of which entities could participate in the meetings of
such technical groups. Text was added by the Group indicating that observer
organizations could participate at a technical advisory level, but final agreement was
not reached on this provision and it accordingly remains in square brackets.
9.
In the context of a discussion on survey (under section B on requirements for
ships) and a proposed provision stating that the condition of a ship and its equipment,
systems and processes shall be maintained to conform with the provisions of the
convention to ensure that the ship in all respects will remain fit to proceed to sea
without presenting a threat of harm to the environment, human health, property or
resources, it was clarified that ships under tow are still ships.
10.
With regard to the inventory of hazardous materials which each ship would be
required to have on board, Germany had submitted proposals for a structure for
guidelines for the development of the inventory, and Japan had submitted proposals for
a standard format for the inventory, criteria for the selection of the materials to be listed
in the inventory and proposals for survey and inspection to verify conformity of the
inventory with the requirements of the convention. The Group considered whether the
outline of the inventory should be incorporated into the convention body or whether it
should remain in guidelines. The Group decided that for the time being, the inventory
outline be dealt with in guidelines, and it was agreed that Japan and Germany would
continue to develop such guidelines further.
11.
In the context of reporting requirements, two main issues arose. First, there was
discussion of whether it was necessary to require State-to-State communications or
whether necessary reporting and notification should be between ship owner and flag
State and recycling facility and recycling State. Second, there was discussion of
whether explicit consent from the competent authority of the recycling State should be
necessary before recycling could commence, or whether tacit consent would be
sufficient. At the present time, the draft text proposes that the ship owner notify its
administration of its intention to recycle a ship to allow for the Administration to
prepare the survey and certification provided for under the convention. It also proposes
that the recycling facility report to its competent authority when it is preparing to
receive a ship for recycling. Specified information is to be included in the recycling
facility’s report and, once the ship has its “ready for recycling certificate” issued by its
Administration, the recycling facility would be required to inform its competent
authority of the planned start of the recycling. At present, the text provides that
recycling may start if the competent authority of the recycling State has no objections to
the recycling facility’s report within 14 days of its registered receipt.
12.
The Group also agreed in principle to add a new section or regulations
addressing emergency cases of ship recycling to take care of, among other things,
abandoned ships, ship wrecks and bankruptcy.
13.
The Secretariat of the Basel Convention had submitted written comments on the
proposal for a new legally-binding instrument in which it suggested that reference be
made to the Basel Convention Technical Guidelines for the Environmentally Sound
Management of the Full and Partial Dismantling of Ships in the development of the
3
UNEP/CHW/OEWG/5/2/Add.2
new instrument.4 In particular, attention was drawn to chapter 4 of the Technical
Guidelines, concerning good practices in environmental control procedures at ship
dismantling facilities, in the context of development of regulations under the new
instrument on preparation for ship recycling (section B); to chapter 5 of the Technical
Guidelines, concerning good practice in design, construction and operations of ship
dismantling facilities; and chapter 6, concerning achieving environmentally sound
management in the context of the regulations on requirements for ship recycling
facilities. The comments also noted that the proposed convention did not address transit
States. The International Labour Office had proposed draft articles for inclusion in
section C, on requirements for ship recycling facilities. The proposals aimed at
conforming the text of the proposed convention to the standard ILO terminology on
occupational safety and health. These documents may be taken into consideration
during the further development of the relevant regulations.
14.
The Group considered the issue of a future meeting of the Joint ILO/IMO/Basel
Convention Working Group on Ship Scrapping, and concluded that it would be in a
better position to advise on this, and the future work programme of the Joint Working
Group, at the next MEPC session, which will take place from 9 to 13 October 2006.
15.
The Group developed a provisional work plan for the development of the new
instrument. The plan envisages the conduct of work by a correspondence group, which
would be ready with a report in July 2006; further consideration of a draft instrument at
the 55th session of MEPC, in October 2006; a further correspondence group to continue
work until the 56th session of MEPC, to be held in July 2007, and to advise on the
holding of a diplomatic conference. Work under the plan would culminate with the 25th
IMO Assembly in December 2007, at which a decision would be made concerning the
holding of a diplomatic conference.
16.
The Group reported back to MEPC, which:
(a)
Noted the discussions and draft amendments made by the Group;
(b)
Concurred with the Group’s approach on the development of guidelines
for an inventory of hazardous materials;
(c)
Noted the discussions on reporting systems and the proposed
amendments to the section of the regulations on reporting systems;
(d)
Noted the views on the possible need for a future meeting of the Joint
ILO/IMO/Basel Convention Working Group;
(e)
Noted the work plan for the development of the new instrument;
(f)
Agreed to the establishment of an intersessional correspondence group
which would further develop sections A, B and D; develop section C, and
develop a provisional list of necessary guidelines and submit a written report to
MEPC at its 55th session.
__________
4
4
MEPC 54/3/8.