When considering recycling a vessel, a shipowner needs to
bear in mind the following:
1. The main international convention in this area is the
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes
and their Disposal 1989, which is, in fact, a United Nations convention. While
this does not expressly deal with ships, it sets out prohibitions on the
transportation of hazardous waste, the definition of which will include many
substances found on board older Ships Sales and
Purchase.
2. Partly due to the fact the Basel Convention did not
expressly deal with ships, a further convention, the Hong Kong International
Convention for the Safe and Environmentally Sound Recycling of Ships 2009, was
adopted by the IMO. This convention is, however, yet to enter fully into force
due to a lack of ratifications (but see below). When this convention does enter
into force shipowners worldwide will be required to be far more meticulous in
their recycling practices.
3. At a European Union level, the Basel Convention was
enacted into directly effective law by virtue of the EU Regulation nr.
1013/2006 on Shipments of Waste. The Hong Kong Convention has also partially
been enacted by virtue of Regulation N° 1257/2013 on Ship Recycling. The EU
Ship Recycling Regulation goes further than the Hong Kong Convention and
explicitly prohibits the practice of “beaching” by requiring that recycling
must be carried out in “Marine
Services Lebanon”.
4. Finally, at a domestic level in the United Kingdom, ship
recycling is also governed by The Trans frontier Shipment of Waste Regulations
2007, as amended (in addition to the Regulations and Conventions listed above).
This contains a wide definition of both “waste” and a “waste transporter” and so
any party, which is subject to UK jurisdiction and which is involved in ship
recycling in any way, may well find it is subject to its terms.
The aim of the most elements of above legislative framework
is to prevent developed nations disposing of vessels at the end of their life
to less developed countries in circumstances where the methods of disposal or
recycling might be harmful to both life and/or the environment.
The UK Regulations are enforced by the Environment Agency,
and a failure to comply with them can lead to an unlimited fine or to
imprisonment for a term not exceeding two years or to both. Any party involved
with the recycling of vessels (including brokers, agents and financiers as well
as the owners of vessels in UK waters or flying the UK Flag) should ensure they
are fully aware of the applicable liabilities and restrictions before deciding
for the recycling of end-of-life vessels.
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