Ship Reporting System

Draft paper for Discussion by the Basel Convention representatives to the IMO/ILO/BC Joint Working Group

Basic Principles for an Enforceable Regime for Ship Dismantling

Including a Ship reporting system

Introduction.

1. The attached draft paper is intended to be introduced for discussion at the JWG to assist discussions on the development and application of an enforceable regime for ship dismantling that accords with the principles of the Basel Convention. It may be discussed at the pre-sessional meeting of Basel Representatives in the context of IMO developments on a ship reporting system and the mandatory elements under consideration by that body.

1. It is considered that there are commonalities between the outline IMO reporting system as discussed at MEPC 52 and papers produced to inform the pre-session discussions at CoP 7 of Basel on the issue of an enforceable regime. These papers may be used to identify common ground and to enable a start to be made on setting out the basis principles and how they may be applied in practice.

Proposal

1. It is proposed to initiate discussions on the the topic of the Basic Principles for an Enforceable Regime for Ship Dismantling Including a Ship reporting system at the first meeting of the JWG by comparing and developing the documents indicated in accordance with the attached paper.

Basic Principles for an Enforceable Regime for Ship Dismantling

Including a Ship reporting system

Introduction.

1. This paper is intended to be introduced for discussion at the JWG to assist discussions on the development and application of an enforceable regime for ship dismantling that accords with the principles of the Basel Convention.

1. The 7th Conference of the Parties to the Basel Convention produced three Decisions on issues relating to ships, one of which, Decision VII.26, emphasised the need for an enforceable regime for ship dismantling. Operational paragraph 5 of Decision VII.26 stated:

“5. Invites the International Maritime Organisation to continue to consider the establishment in its regulations of mandatory requirements, including a reporting system for ships destined for dismantling, that ensure an equivalent level of control as established under the Basel Convention and to continue to work aimed at the establishment of mandatory requirements to ensure the environmentally sound management of ship dismantling, which might include pre-decontamination within its scope.”

1. For the purposes of the Joint Working Group discussions it is necessary to consider what mandatory requirements might be envisaged and in particular what may be meant by the phrases:

“an equivalent level of control as established under the Basel Convention” and

“to ensure the environmentally sound management of ship dismantling”

1. These amount to what would be described as the basis for an enforceable regime. Elaboration of these phrases would assist common understanding of the aims of the Basel Convention with others and how these might fit within an IMO control system.

1. At a pre-sessional meeting of CoP 7 of the Basel Convention a non-paper was produced on Basic Principles for an Enforceable Regime for Ship Dismantling. This is reproduced at Annex I. Discussions within IMO on a reporting system have been initiated at MEPC52 and are reproduced here as Annex II (also in Annex 2 of the IMO’s Report of the Working Group on Ship Recycling).

1. There are commonalities between the outline IMO reporting system and the Basel non-paper, although it may noted that the non-paper does not go into details. Clearly there is sufficient common ground to enable a start to be made on setting out principles and how they may be applied in practice.

It is proposed to initiate discussions on these two documents at the first meeting of the JWG with a view to comparing and developing them to assist elaboration and common understanding of the Basic Principles for an Enforceable Regime for Ship Dismantling Including a Ship reporting system.
ANNEX 1

Basic Principles for an Enforceable Regime for Ship Dismantling

(from pre-sessional discussions at CoP 7 Basel)

Introduction

1. The purpose of this non-paper is to provide a starting point for discussion and common understanding amongst interested Parties and others. It does not purport to represent all the views concerning this matter. It has been prepared by a small group following the informal discussions on ship dismantling that were held on 23 October 2004.

1. It is recognized that progress has been made by the IMO towards the development of a reporting system for ship dismantling.

1. This non-paper focuses on the notification system, but it is noted that there are further issues and principles relevant to consideration of the issue of ship dismantling.

Principles

1. The need to improve the conditions of ship dismantling, to provide for protection of the environment and to safeguard human health, is recognized.

1. The basic principles of the Basel Convention to be taken into consideration in developing an enforceable regime are:

Prior informed consent

• The prior informed consent requires a means of enforcement.

Environmentally sound management

• Ship dismantling facilities must be operated in accordance with the principles of environmentally sound management

1. An enforceable regime must be transparent, effective and uniform.

1. There is need to recognize the jurisdiction of territorial States. The Basel Convention also recognizes that States have obligations under both the Basel Convention and the IMO, as well as other international instruments.

Giving practical effect to the principles

1. The essence of prior informed consent is to confirm that the necessary steps are taken to provide satisfaction that a ship is intended to be recycled, is in a condition to be recycled and will be recycled in an environmentally sound manner.

1. Key to the operation of a practical system is the identification of the relevant operators and competent authorities to monitor and control the system, including enforcement where necessary. Information, in the form of a notification, is required to enable control of dismantling.

1. Competent authorities supervise the process of notification: that a ship is intended to be recycled, is in a condition to be recycled and, in the recycling State, that the ship will be recycled in an environmentally sound manner. It is necessary to identify which competent authority should bear the notification obligations.

1. The main points are:

To whom the notification should made

Who completes the notification

What information should included in the notification.

When the notification should be made

How the notification should be made

1. The entity under the obligation to notify must be identifiable. This entity must also be held accountable.

1. There must be sufficient information in the notification for the competent authorities to make an informed decision. This could include, for example, a contract, a ship recycling plan and a continuous synopsis record. Further consideration of the detail of the information to be supplied is needed.

1. The originating competent authority must have this information at the right time to make a decision, and the legal capacity to consent or refuse and the power to enforce its decision. If ESM is not likely to take place in the dismantling State, there must be an originating competent authority that can decide that the ship should not go to the dismantling State.

1. The competent authority in the recycling State must also have sufficient information to make an informed decision (particularly with respect to the capacity of recycling yards to dismantle in an ESM manner), and the legal capacity to consent or refuse and the power to enforce its decision. A licensing system should ensure that there are adequate standards for the protection of the environment and human health, and recycling operations should only be permitted in licensed yards. The competent authority in the recycling State is in the best place to issue licences to recycling yards.

1. The key stakeholders in the procedure are the originator, the receiver and the competent authorities for both. A draft outline of a system for ships that will be dismantled can be represented schematically, as follows:

ANNEX II

DRAFT OUTLINE OF A REPORTING SYSTEM FOR SHIPS DESTINED FOR RECYCLING (from IMO Working Group)

1Prior to delivery of the ship to the recycling facility

Report of the

finalization of the

contract (*)

[]

(*) The following information should be indicated:

(a) the registered shipowner from whom the ship is purchased (name and contact details);

(b) the recycling facility responsible for executing the contract (name, contact details, licence/authorization details).

2After the delivery of the ship to the recycling facility

Inform after the delivery

of the ship

Notes:1Items in square brackets have not been agreed by the Group

2Numbers in brackets refer to paragraphs in the IMO Guidelines