News

IMO and Basel Convention to discuss Flag State responsibility for shipbreaking

8 october 2004 - Next week, the IMO Marine Environment Protection Committee (MEPC 52) will further discuss the issue of shipbreaking. A lot of technical matters (like the ship recycling plan, green passport and others) are on the table. The most important matter will be the mandatory regime items. Greenpeace understands that the shipping industry agrees in principle that some items (like the gas free certification) should become mandatory. It could be a breakthrough if the parties to IMO finally agree to start working on such mandatory regime items. This is urgently needed in order to have a decision at the next General Assembly of IMO at the end of 2005.

The major challenge for IMO in establishing the mandatory regime will be to develop them in line with the existing Basel Convention Regime. Up to now IMO has categorically refused to discuss the implications of the Basel Convention Regime for the shipbreaking issue. An unacceptable situation. The Basel Convention is into force and a lot of Case Law (in Member States of the EU, in Turkey and in India) confirms the applicability of the Basel Regime on end-of-life ships. However, there is a prevailing sentiment in the shipping industry and a number of parties to IMO - the so called Flags Of Convenience - that ships can never become "waste". This leads to the peculiar situation that exports of waste on land can be illegal while export of the same toxic wastes over sea is accepted, leading to the same environmental and human health problems.

From 25 till 29 of October the Conference of Parties (COP7) of the Basel Convention will meet. During the last Basel Convention Working Group meetings (OEWG II and OEWG III) a unanimous decision of ALL PARTIES present has been taken on this issue. The shipping industry is of no other nature than any other industrial sector. Furthermore, during the OEWG III a proposal by Canada, Denmark and the Netherlands had been considered calling for the adoption of an "interim" solution under the Basel Convention. This proposal is about placing the obligations of the Basel Convention with regard to prior information consent and environmentally sound management on the shoulders of the flag state: Flag state EQUIVALENT to export state under the Basel Convention.

Next week IMO, MEPC 52 has the chance to finally acknowledge the implications of the existing Basel Conventions and to act accordingly. They have the chance to agree to make the flag states responsible under the Basel Convention for the way ships are broken at the end of their commercial life.

See also Greenpeace submissions to IMO, MEPC 52:

MEPC5232.pdf

MEPC5233.pdf